When a driver is suspected of drunk driving or being under the influence of drugs, a California police officers may perform numerous tests to collects evidence that will lead to an arrest or a charge. These tests can be loosely grouped into the following categories:
- Field Sobriety Tests
- Breath Tests
- Urine Tests
Field Sobriety Tests
Standardized and Non-Standardize
What is a field sobriety test or FST? If you are pulled over under suspicion for driving under the influence alcohol or drugs, a police officer may ask you to take physical or cognitive tests to conclude if you are sober or not. Such tests are known as the field sobriety tests
The type of sobriety test administered by a police officer can either be standardized or on-standardized.
Standardized Field Sobriety Tests was approved by The National Highway Traffic and Safety Administration (NHTSA) to provide guidelines that will lead to more accurate sobriety testing. Standardized tests are:
- The one-leg stand test
- Walk-and-turn test
- The horizontal gaze nystagmus test
Non-Standardized Filed Sobriety Tests are test that could also be administered by police officers to collect more field evidence when a drive is suspected for being intoxicated.
The non-standardized sobriety tests might include:
- Touch your finger to your nose with eyes closed
- Count backward
- Recite the alphabet
- Balance with your eyes closed and head tilted backwards for approximately 30 seconds
- Count the number of fingers that the officer raises
- Stand with feet together with head leaned backward and looking up to sky while holding arms to the side. This is also known as the Rhomberg stationary balance test.
Field Sobriety Test Defense
It is a well known knowledge that the field sobriety test are highly subjective in nature , especially, if an officer does not comply with standardized testing procedures. That said, an officer may use your failure on a field sobriety test as grounds for arresting you.
Breath or Breathalyzer Tests
What is dui breath or breathalyzer tests? This are chemical tests that measure the amount of alcohol in the breath and calculate it against blood volume to determine whether your blood alcohol content (BAC) is over the legal limit. The legal limit for BAC in California is under 0.08%.
Since the field sobriety tests are subjective, polices officers are using the breathalyzer test more to collect dui evidence because the breathalyzer test is more scientific.
Breathalyzer Test Defense
The devices used for breathalyzer test like the dui tests may has flaws. The devices can used on the roadside or at a police station, and the test can be administered by the police officer. Unfortunately for those who are pulled over, Breathalyzer readings can be inaccurate for many reasons, including:
- Interference from nearby radio frequencies
- Errors on the part of the test giver
- Medical conditions
- Machine malfunction
- Bad calibration
The defense attorneys at Sevens Legal,APC will investigate all the evidences provided by police and we will look for inconsistencies in both the reports and how the test was administered.
Another form of chemical testing, blood tests measure your BAC by checking for the presence of alcohol in a sample of blood taken from your arm.
To help reduce the risk of a misreading, blood tests must be performed by a person who is certified in the proper procedures that must be followed in both drawing the blood and handling the sample — not enough preservative or anticoagulant in the test tube can cause the blood sample to ferment, thereby producing alcohol.
What is a dui urine test? Urine tests also determine the amount of alcohol or drugs in your system using a chemical process. These tests are the least reliable form of chemical testing, and California only uses urine tests if:
- It is suspected you are under the influence of drugs or both alcohol and drugs
- You are a hemophiliac
- You are taking anticoagulant medication due to a heart condition
- Breath and blood tests are not available
The bottom line is that many errors can occur during the administration or interpretation of any dui test, resulting in false readings,interpretations, and inaccurate results. Our firm can examine your test results and assess whether disputing their validity may be instrumental in getting the charges against you reduced or dismissed.
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If you have been arrest or charged with dui in San Diego or else where in San Diego County, a criminal defense firm is here to help.