Field Sobriety Test – Do I Have The Right To Challenge It?
Dealing with DUI clients who are charged on the basis of a field sobriety test is nothing new to Los Angeles DUI defense attorneys. It is said and sometimes believed that whenever an officer asks a DUI offender to take a field sobriety test, he has already made up his mind to arrest the poor fellow.
Under these circumstances, first time offenders usually aren’t aware that a plain refusal to taking any number of field sobriety tests is quite possible. Not only in Los Angeles County, but in most of states, a driver has the right to refuse FSTs. That being said, some people confuse field sobriety tests with chemical tests, which kind of leads to an imminent arrest situation.
About Chemical Tests
Chemical tests are of different nature and Los Angeles DUI police officers has different laws against people who don’t show their consent towards them. Usually in Ventura, Orange County and Los Angeles County, whenever a client is stopped under the suspicion of DUI, the following questions concerning the legitimacy of a field sobriety test often pop up:
Can I Challenge The Accuracy of a Field Sobriety Test?
Even though you are pulled over for committing a possible DUI offense, you still have your rights against taking FSTs. The officer cannot force the driver to take the field sobriety test. At times, DUI victims are facing a lot of nervousness and tension. Their motor skills and concentration levels are divided, hence sending false alarms to the investigating officer.
Therefore, with the help of a Los Angeles DUI defense attorney, such unwavering cases can be avoided at a moment’s notice. These lawyers are trained to challenge the legitimacy of FSTs. The client doesn’t have to worry about going behind bars just because he refused to opt in for these tests at the time of the incident.
Is It Mandatory To Take a Field Sobriety Test In Los Angeles?
Submission to FSTs is not mandatory. As mentioned above, when the officer calls for a pull over, you can refuse to submit to FSTs. As per the California Implied Consent Law, the officer, on the other hand, can and will arrest you on the spot.
However, after the arrest, an officer normally asks for a round of chemical tests for alcohol concentration levels calculation. The results of these tests are challengeable and DUI lawyers can make demands for a retest in the court.
The experts at Downtown LA Law have the resources and knowledge needed to question the shortcomings of DUI cases. For further information or free legal advice, don’t hesitate to call our lawyers at any time of the day.