Lakewood Field Sobriety Test Lawyer
Lakewood Field Sobriety Test Attorney
You likely already understand that DUIs are a very serious charge that can result in difficult consequences. Sometimes, field sobriety tests can be used as part of screening for potential impaired driving. It’s important to understand your rights when it comes to these tests. If you’ve been charged with a DUI, get help from a Lakewood field sobriety test lawyer sooner rather than later.
Whether you’ve been pulled over on the busy Kennedy Boulevard or a small residential street, the Law Offices of Christopher J. McCann, APC can help answer questions about your case. With thorough experience in many types of defense and thousands of appearances in criminal court, Christopher J. McCann is committed to providing a fair, proper defense for all of his clients.
Understanding Field Sobriety Tests in Lakewood, California
Many police officers will use field sobriety tests if they suspect that a driver might be under the influence of alcohol. Often, this occurs during routine traffic stops, which happen frequently in California. In 2024, there were over five million traffic stops. Of these, 84% were due to traffic violations.
Even during traffic violation stops, though, an officer might suspect drunk driving. Their real observation begins the moment they pull you over. They are looking for signs of impairment like slurred speech, strange motor functions, a smell of alcohol, or confusion.
While field sobriety tests are common, they are often subjective, informal tests that can be influenced by bias. Many of them are conducted at night, further reducing their accuracy when visibility is low. Additionally, some people might struggle with the tasks required for these tests even when they’re sober.
Each field sobriety test case is unique, but there are a few tests that are used most often. The top three types of test are:
- Horizontal gaze nystagmus (HGN): You are asked to follow an object with your eyes while standing still, typically the tip of a pen or an officer’s finger. They look for swaying or jerky movements that might indicate intoxication.
- Walk-and-turn: You walk in a straight line, heel-to-toe, for a set number of steps, then turn around and repeat. Difficulties in balance or keeping feet together can be a sign of drunkenness.
- One-leg stand: You stand on one leg and count out loud to thirty. If you’re unable to stay balanced or only use one foot, authorities might use this as evidence of intoxication.
Some of these tests will feel familiar to anyone who’s ever been to a neurologist, showing that they don’t just indicate intoxication. A proper Lakewood field sobriety test attorney can help you defend against allegations of drunk driving based on these tests.
Know Your Rights for Alcohol Tests
In California, you always have the right to refuse a field sobriety test. This can deny evidence to a prosecutor, but it also might make an officer suspicious or lead to bias from the jury. An officer might then ask you to perform a chemical test.
If you’re asked to provide a breath, blood, or urine sample for chemical DUI testing during a traffic stop, you legally must comply. California’s implied consent law means that you consent to these tests simply by driving in the state. You can always exercise your right to hire a field sobriety test lawyer to get more guidance on your case.
If convicted of a DUI, the consequences can be major. You can have your license suspended, have to pay fines or fees, or even spend time in jail. Many people are also required to take specific DUI courses.
An attorney can help you understand field sobriety test laws and advocate for your rights. Defending against a DUI charge is difficult, but made easier by working with an experienced legal representative.
Hire a Field Sobriety Test Lawyer in Lakewood
Potential DUI charges are frequent, with 11% of all nationwide arrests in 2024 being due to suspected DUI. These arrests occur at traffic stops, as well as after accidents at dangerous intersections, like the Hilliard-Madison intersection here in Lakewood. Having the right lawyer on your case can make all the difference.
When you get the help of the Law Offices of Christopher J. McCann, APC, you can get assistance with:
- Understanding your rights when it comes to tests
- Gathering evidence for your defense
- Representation during a trial
- Understanding your defense options
FAQs About Lakewood, CA Field Sobriety Test Laws
Is Failing a Field Sobriety Test Probable Cause in California?
Yes, failing a field sobriety test in CA can give a police officer probable cause for a DUI arrest. It may not be enough evidence for a conviction, as there are many reasons you might fail a test that aren’t related to intoxication. A Lakewood field sobriety test lawyer can help you determine what evidence you have and how to defend your case.
Can Refusing a Field Sobriety Test Be Used as Evidence in California?
Refusing to take a field sobriety test can be used as evidence in California. A jury might see a refusal to comply as a sign of guilt in a DUI case. Additionally, it might make the officer more suspicious and lead to them asking you to do chemical testing, which you cannot refuse. You have to consider the right path when exercising your rights during a traffic stop.
Can Field Sobriety Tests Be Challenged in California?
Field sobriety tests can absolutely be challenged in court in California. There are many ways to challenge these tests, including asserting that the officer did not administer the test correctly, providing proof of an underlying medical condition that may have affected your results, and using video evidence to question the officer’s narrative.
Do California Police Have to Inform You When Tests Are Voluntary?
No, California police do not have to tell you that field sobriety tests are voluntary. Knowing your rights is important in these situations because you do not always have to follow all requests from a police officer. Many officers will request field sobriety tests without any further information, making some drivers assume that the test is required.
Don’t Hesitate to Get Help From a Lakewood Field Sobriety Test Attorney
DUI charges are serious and can require rapid action. Getting help from a dedicated attorney quickly helps you build a stronger defense. Even if you haven’t been charged yet, you can still consult with an attorney about tests you’ve had to take and your legal rights.
Contact the Law Offices of Christopher J. McCann, APC, for a free consultation today. Find out how we can help you with your case.
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