What To Know About Sobriety Tests
If a driver is pulled over on suspicion of drunk driving, the police officer will likely administer a field sobriety test. The officer will look for any signs that may indicate the driver has been drinking or using drugs, such as slurred speech, bloodshot eyes or the smell of alcohol. They may even look for open containers of alcohol. After observing the driver’s behavior and performance during the field sobriety test, the officer may place the driver under arrest for driving under the influence (DUI).
I, attorney Mark Deniz, am a seasoned prosecutor. I graduated from La Pier’s rigorous DWI detection and standardized field sobriety testing course; I am certified in Standardized Field Sobriety Tests under NHTSA (National Highway Traffic Safety Administration).
Examples Of Standardized DUI Field Sobriety Tests
- The one-leg stand
- The walk and turn
- The horizontal gaze nystagmus test (HGN)
- Standing with feet together and the tip of the head backward
- Counting the number of fingers the officer holds up
- Recite the alphabet or portions of it (Backward to forward)
- Counting backward
- Touch your finger to your nose
If you were pulled over for DUI and submitted to a field sobriety test, contact an experienced DUI attorney today. There may be a reasonable explanation for failed field sobriety tests other than impairment.
Why Field Sobriety Tests Are Important
Field sobriety tests are usually not considered as important as breath tests or blood tests in relation to California DUI charges, but they actually may have a significant impact on a driver’s case and possibly whether he will face charges. The prosecution will be likely arguing that the “totality” of the evidence establishes impairment. In some cases, the FST results may be the primary basis for the prosecution in establishing an individual is impaired for purposes of driving.
It is vital you hire an experienced attorney to provide a quality defense.
Blood And Breath Tests For DUI Chemical Test
Breath and blood tests are an important part of any DUI case. After a driver is arrested for suspected drunk driving, law enforcement will request that he or she take a breath test or blood test to determine the presence of alcohol and/or drugs in the driver’s system. Please note the preliminary alcohol screening device (PAS) is NOT a chemical test in a DUI. If these occur, you need to contact me, attorney Mark Deniz, as soon as possible at 858-429-9982.
Defenses To Breath Tests And Blood Tests
Challenging breath test (also referred to as the breathalyzer) or blood test results will be a necessary part of almost all San Diego DUI cases. Here at The Law Offices of Mark Deniz APLC, my firm knows how to evaluate all aspects of your case and of your chemical testing to determine precisely how to challenge your test results.
Examples Of Potential Defenses Used To Challenge A Breath Or Blood Test
- The test was not administered properly.
- The person who administered the test was not trained or qualified.
- The breath test device was not properly calibrated.
- The driver was not observed for 15 minutes prior to the breath test to ensure he or she did not belch or regurgitate.
- The blood sample was not mixed or handled properly.
- There was a mistake made when testing the blood sample.
Additionally, there are certain factors, which may bring into question the accuracy of a breath test, such as the driver’s weight, physical conditions or food that was eaten to challenge the test. Furthermore, the science of DUI is always evolving. I, attorney Mark Deniz, am a member of the California DUI Lawyers Association, National College for DUI Defense, as well as several other organizations. I attended the prestigious National DUI college at Harvard Law School. I am kept abreast of every new viable defense that can be raised. Finally, I was a prosecutor dealing with these issues from the other side. These are key points to consider that I, experienced attorney like Mark Deniz, can help you with if you are faced with a DUI.
For more information regarding the history of field sobriety tests and the accuracy of them, click here.