Orange County Field Sobriety Test Mistakes

In Orange County, when the police suspect you of being under the influence of alcohol, you may be pulled over and questioned. Under these circumstances the officer may ask you to exit your vehicle and perform a range of field sobriety tests (FSTs). Though the officer may use these tests to evaluate if you are intoxicated, these tests are not always accurate. Furthermore if the officer fails to perform these tests correctly, their results could prove faulty. If this happens you'll want to have the skill of a talented attorney by your side, and Braden & Tucci can help.

Give Fischer & Tavecchio a call now at (949) 996-0170 to discuss the details of your case.

Understanding the Common Field Sobriety Tests

Officers are not only responsible for properly administering these tests, but they must also be able to score them accurately. Each test is facilitated differently and requires examination in relation to a variety of factors such as:

• The time of day
• The lighting
• The terrain
• Your physical capabilities and health
• And much more

The officer is even authorized to lower your FST score if he or she suspects that you suffer from any condition that might include cognitive or physical limitations.

Here are a few of the most common FSTs and some of the flaws that each test possesses:

Horizontal nystagmus test (HGN): The HNG involves an officer using his finger or another object to track your eye movements. Every time your eye jerks 45 degrees from the tracking, the officer may deduct points from your score. However, intoxication is not the only condition that can cause such a reaction. Exhaustion can also cause your eyes to move in this way, and could lead the officer to attribute it to a sign of intoxication. Allergies, exposure to toxins, neurological disorders, even bright lights and flashing police car lights can cause your eyes to jerk as well, and depending on various combinations of factors, this can affect the implications that can be drawn from your FST score.

One-leg stand (OLS): Fatigue, back or leg pain, bad weather, having a leg shorter than the other, obesity and age can affect your ability to stand on one leg for any significant period of time. If you exhibit signs of mild difficulty or have to brace yourself, put your foot down on the floor, or sway to maintain balance, the officer might mark down that you extended one of your legs.

Walk-and-turn (WAT): For the WAT, the officer will ask you to take nine steps with your heel touching your toe, and then turn around before repeating the action on the walk back to your original position. If you misjudge distance when counting your steps, have trouble balancing, or fail to follow a straight path due to anxiety, the officer may judge you as intoxicated.

Rhomberg balance test (RBT): This simple physical test is used to see if you have balance problems that are related to proprioception — your body’s ability to sense your movements and position.The test involves standing with your feet together and your arms at your side or crossed in front of you. Part of the test is with your eyes open, and the second part is with your eyes closed. If the officer observes any signs of imbalance such as swaying during the test, you might receive an unfavorable score. However, this test lacks scientific study to prove that it can accurately identify intoxication.

Finger-to-nose (FTN): During this test you will close your eyes, tilt your head back slightly, and touch your nose with your index finger. This process is repeated three times for each hand, resulting in a total of six attempts. During this test, the officer will observe various signs that may indicate intoxication. People with histories of certain surgeries and illnesses can have trouble correctly touching their noses. If the officer doesn't ask you to remove your glasses, this can also hinders your ability to perform the task, increasing the chance you will get a false failing score.

Mistakes Police Officers Make During Field Sobriety Tests

While field sobriety tests are utilized by law enforcement to gauge potential intoxication, the accuracy of these tests heavily depends on the officers' adherence to standard procedures. Unfortunately, mistakes during the administration and scoring of these tests are not uncommon and can significantly impact their validity.

One frequent mistake is the failure to provide clear instructions before conducting tests like the Walk-and-Turn (WAT) or One-Leg Stand (OLS). Without precise guidance, individuals are more likely to misunderstand the tasks, potentially leading to an inaccurate assessment of their sobriety. Additionally, officers may sometimes rush through these instructions due to time constraints or external pressures, further contributing to confusion.

Another issue arises when officers administer tests under inappropriate conditions, such as uneven or slippery terrain, poor lighting, or adverse weather. These conditions can hinder an individual's ability to perform the tests, leading to an incorrect assumption of intoxication.

Bias or preconceived notions can also cloud an officer’s judgment, especially if they suspect the individual has prior offenses. This can lead to skewed scoring and an unfair evaluation of the test results. Furthermore, officers might improperly score tests by ignoring potential medical conditions or other factors, such as age and physical limitations, that can affect performance.

These mistakes not only compromise the integrity of the tests but also underscore the importance of challenging FST results in a court of law. Inaccurate test administration can invalidate their findings, providing grounds for defense attorneys to contest the charges. When such errors are identified, it might cast doubt on the reliability of the officer’s judgment and can be pivotal for the defense in DUI cases.

Contact an Attorney Today!

With the dangers that come from being behind the wheel while under the influence, officers are consistently on the lookout for evidence that someone is too drunk to drive, or otherwise intoxicated to the point of lacking control over their mental and motor functions. Making a routine traffic stop can evolve into a long scenario in which officers continually try to catch you off balance and gain proof of your intoxication. However, these tests often don't hold up to scrutiny in court. If you do not know how these tests can be inaccurate, or if the officer performed them correctly, you be facing a DUI conviction.

If you currently find yourself in this sort of situation, fight back with the help of an experienced Orange County DUI attorney from Braden & Tucci. Let us begin reviewing your legal options and constructing an aggressive legal defense strategy personalized to your case.

Call our offices at (949) 996-0170 or fill out a contact form to get started!