Field Sobriety Tests

In a Ventura County DUI investigation, the officers are very good at getting people to perform Field Sobriety Tests, or FSTs. Despite the fact that your performance of the FSTs is 100% voluntary, the law does not require an officer to inform you of this fact. Additionally, most people who are stopped by law enforcement are nervous and scared, especially if they have been drinking, and want to be cooperative and helpful to the officers. In any event, your performance on the FSTs is typically not the most important part of your case, except in limited circumstances. An experienced Ventura County DUI attorney who is P.O.S.T. certified in Field Sobriety Tests understands how the tests are supposed to be administered, and knows how to use your performance on them to your best possible advantage. Contact The Law Offices of David Lehr Law for a P.O.S.T certified Ventura County DUI attorney about your case.

People arrested for DUI in Ventura County used to perform a number of different FSTs than those that officers are currently supposed to administer. In the 1970’s, the National Highway Traffic Safety Administration board, or NHTSA, performed a number of studies with the goal of understanding which FSTs might have some actual predictability with respect to whether or not a driver is under the influence. As a result, many of the FSTs that were previously in use have been disregarded as ineffective. One example these outdated tests involved the officer throwing change on the ground and attempting to judge your ability to pick it up. As of today, there are 3 FSTs that have been standardized and validated and should be used in a Ventura County DUI: Horizontal Gaze Nystagmus (or HGN), One Leg Stand, and the Walk and Turn. A standardized test means that the officer is supposed to administer the test in the same method every time, and also look for the same cues during your performance of the test every time. A validated test means, according to NHTSA, that there is some correlation between your performance on that test and whether or not you are under the influence of alcohol. However, in order for your performance on these three FSTs to have any reliability, the officer must administer the test in the correct manner and must note the correct cues. An experienced Ventura County DUI attorney who is P.O.S.T. certified in Field Sobriety Tests understands how the tests are supposed to be administered, and knows how to use your performance on them to your best possible advantage.