Law Office of Michael L. Stuart Field Sobriety Tests

San Diego DUI Field Sobriety And Chemical Tests

San Diego DUI Field Sobriety Tests

If you have been arrested for a DUI in San Diego, chances are the arresting officer had you perform standard field sobriety tests. These physical tests are not an accurate measure of being under the influence. You are not required to participate in these tests, but the arresting officer probably insisted upon you doing them so that he or she can write more damaging information in their arrest report. They are difficult to perform, and many of these tests have not been approved by the National Highway Transportation Safety Administration. You may have performed these tests at night along a busy road, on uneven ground, or under the stress of having contact with a San Diego police officer. Some of the tests you may have conducted include:

  • Horizontal Gaze Nystagmus (eye test) – about 15% of the population has this condition naturally, and is not an accurate indicator of being under the influence
  • One Leg Stand Test – impossible for some to do and only tests physical dexterity, not alcohol consumption.
  • Walk and Turn Test – confusing directions and environmental conditions can cause you to fail this test.
  • Preliminary Alcohol Screening Device (PAS test) – highly unreliable and easily challenged in a San Diego courtroom.

These field sobriety tests and others are only used to determine if the police officer has enough probable cause to arrest you and take you to San Diego County Jail. If you performed these tests, an aggressive and experienced San Diego DUI lawyer can successfully challenge each field sobriety test you conducted. 

San Diego DUI Chemical Tests

Whether you gave a blood sample or you performed a breath test involving your San Diego DUI arrest, it can be challenged and invalidated. The breathalyzer machine may have been malfunctioning, or the person who took your blood was not qualified to do so. Just because some machine or laboratory said you were over the legal limit doesn’t mean that it is true.

If you gave a blood sample, an aggressive and experienced lawyer can retest that sample to see if it was tested and stored properly. If you chose the breath test, were there any other substance interferences from your body or the surrounding environment that caused the machine to improperly read your blood alcohol level? Attorney Michael L. Stuart has achieved several good results by successfully using scientific theories in San Diego DUI cases.

Contact Attorney Michael L. Stuart immediately to discuss your San Diego DUI case for free. All calls or emails will be promptly returned.