California Field Sobriety Tests

Field sobriety tests are meant to gauge the level of intoxication of a driver. Since a BAC of as low as .02% has the ability to impair the skills and response time of a driver, the ability to sufficiently perform the tests is going to differ for every individual and every alcohol level.

In general, the field sobriety test measures the driver's ability to follow instructions and maintain adequate balance and coordination. The premise is that the driver will not be able to accurately perform 2 activities at once if they are impaired by alcohol. Of course, the driver who fails the test may actually have no idea which portion they failed or why they failed it.

Although the law states that anyone charged with a crime is innocent until proven guilty, the charged will find themselves in a position to have to prove their innocence rather than thinking that it is up to the state to provide overwhelming evidence of their guilt. This is a heavy burden laced with plenty of room for mistakes based on lack of knowledge of the intricacies of California law.

Drivers who have failed a field sobriety test will find it difficult to combat the charges. However, failing a field sobriety test doesn't necessarily mean that the driver will automatically be found guilty of a DUI. There is a specific course of action that officers are expected to follow and legal loopholes that not every citizen expects. For instance, if the officer fails to follow proper procedure and there is evidence to that end, it needs to be offered up at the correct time in exactly the right manner.

Most drivers will panic as soon as they are told they have failed the field sobriety test. They might even assume that a pending conviction is imminent. To be sure, the driver should be nervous about the situation because proving their innocence in the face of a failed sobriety test can be difficult and require an awesome amount of legal knowledge. The fact is that the average driver does not know the intricacies of the law, nor the information required to combat the charges.

Failing a field sobriety test may not automatically mean certain conviction. It does however mean that there is strong, measurable evidence that needs to be refuted in order to prove the innocence of the driver in question. Most drivers would do best to let a professional handle the details of proving their innocence.

References: California.gov