Field Sobriety Tests for San DiegoField sobriety tests are roadside tests conducted by the police officer to help him determine if you are under the influence of alcohol or drugs. You have the right to refuse to take part in any of these tests, which may include:
The National Highway Traffic Safety Administration, NHTSA, has carried out studies of these field sobriety tests and found how accurate each test is at determining if a person is under the influence of alcohol or drugs or not. For instance, if administered correctly, the One Leg Stand test was found to correctly determine if a person had a 0.1% Blood Alcohol Content (BAC) 65% of the time. This means that even when administered correctly and under controlled conditions this test was wrong35% of the time. One Leg StandNHTSA rating 65% correct. The driver is asked to stand with one foot raised about 6 inches off the ground while counting upwards. There can be many reasons why you might be unable to keep your balance and many people are unable to perform this task when sober. People who are more than 50 pounds overweight or who have certain medical conditions can have poor balance which shouldn’t be used as evidence of your intoxication. If a police officer asks to stand on one leg with the other foot in the air you are within your legal rights to say no. Walk and TurnNHTSA rating 65% correct The driver is instructed to walk heel to toe along a straight line for nine steps, turn at the end and then return along the same line. The purpose of the test is that a person should be able to understand simple instructions and also be able to physically carry out those instructions. If a San Diego police officer asks you to perform this test you should politely refuse. Horizontal Gaze Nystagmus (HGN)NHTSA rating 77% correct The police officer holds a penlight about 12 inches in front of the driver’s face and asks the driver to follow the light with their eyes as he moves it side to side. The officer then estimates the angle at which the driver’s eyes start to twitch, which if below 45 degrees is a sign of a high Blood Alcohol Content BAC. The NHTSA found this test to be relatively accurate only if performed and interpreted absolutely correctly by a trained practitioner. If a police officer asks you to follow the light with your eyes you should politely refuse. Alphabet TestThis test is a non standardized test and as such has even less worth than the previous tests. Interpretation of your ability to recite the alphabet is down to the officer and if asked to recite the alphabet you should politely refuse. Modified Position of AttentionThis is another non-standardised test where the person administering the test can reach whatever conclusion they wish. The driver is asked to assume a rigid position of attention and put their head back and close their eyes for up to 30 seconds, and any swaying by the suspect is then considered to be evidence of intoxication. Most sober people start to sway slightly in this position so if asked to do this by a San Diego police officer you should politely refuse. Finger to NoseThis is another non-standardised test where the driver is asked to close his eyes and then place his finger on his nose. Failure or success at this test does not mean that you are drunk so you should politely refuse to take this test when asked to do so by a San Diego police officer. Preliminary Alcohol Screening (PAS) This is a small hand held breathalyzer unit that measures the amount of alcohol in your breath. These portable breathalyzer units can be even more inaccurate than the larger breathalyzer units back at the police station and there are many possible reasons for an inaccurate reading (link to DUI Defenses – Breathalysers page). You should refuse to blow into this machine as long as you are not on probation and are over the age of 21. |
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