Police Evidence
After an individual is stopped on suspicion of driving under the influence, the individual is subjected to two different types of testing designed to determine the individual’s level of impairment. The results of these two types of tests are vitally important to individual’s criminal DUI case and the individual’s DMV Administrative Per Se (APS) Hearing.
The first series of tests an individual will be asked to perform are called field sobriety tests. Field sobriety tests are utilized by law enforcement as a preliminary measure of an individual’s intoxication. These tests are administered on the assumption that alcohol or drug usage affects an individual’s ability to perform the tests correctly. During each of these tests, law enforcement will be watching for typical signs of intoxication such as lack of coordination, inability to follow directions, or lack of eye focus. If at any point, an individual displays any of these symptoms, law enforcement will assume that the individual is under the influence.
Three standardized field sobriety tests have been recommended by the National Highway Traffic and Safety Administration (NHTSA) for administration on individuals suspected of driving under the influence of drugs or alcohol. These three tests include the horizontal gaze nystagmus test, which involves an individual following a pen or finger from side to side with their eyes, the walk and turn, where an individual is required to walk a straight line and then turn around without losing their balance, and the one leg stand, which also tests an individual’s level of balance and coordination.
While the National Highway Traffic and Safety Administration limited their recommendation to the use of these three tests, law enforcement officers across California continue to utilize a variety of unauthorized tests like the alphabet recitation test and the fingers to thumb test to judge an individual’s level of intoxication. This inexact method of testing an individual’s level of sobriety makes the reliability of these tests quite uncertain. It is vital to the outcome of an individual’s criminal DUI case and DMV APS hearing for a knowledgeable and experienced attorney to challenge the validity of these roadside tests.
The second type of test law enforcement will administer is the blood alcohol concentration (BAC), or chemical test. This test can be performed in three different ways, as a blood test, breath test, or in special cases, a urine test. It is important that the test be administered as close as possible to the time the individual was pulled over under suspicion of driving under the influence because the test is meant to determine the individual’s level of sobriety at the time the individual was driving and subsequently pulled over. All three versions of the blood alcohol concentration test have some level of irregularity and fallibility, which depends on the circumstances in which the test was taken. For example, breath tests can provide a false high BAC reading if the individual suffers from Acid Reflux Disease.
By hiring the Law Office of Robert Tayac, an attorney who specializes in DUI and DMV defense will be able to investigate and analyze the results of your field sobriety tests and chemical test, as well as locate any inconsistencies which may have negatively affected testing results.
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