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Law enforcement officers may try to subject
you to any variation of a vast number of field sobriety tests. Some
common tests are:
• Finger to Nose
• Hand Pat
• Recite Alphabet without singing
• Recite Alphabet backward
• Count backwards
• Pick up coin
• Stand at attention, close eyes, head back and estimate 30
seconds
• Touch tips of your fingers back and forth counting 1,2,3,4
4,3,2,1;
• Walk and Turn
• One Leg Stand
• Horizontal and Vertical Gaze Nystagmus
The important thing to know about Field Sobriety Tests is that
there are no scientific studies validating any
Field Sobriety Test with the exception of the last three listed.
The National Highway Traffic Safety Administration (NHTSA)
has created a battery of three tests that have been subjected to
some scientific study and which the administration recommends for
the purpose of DUI investigation. Any agency receiving Government
Money in the form of a grant for DUI investigation is required to
have their officers trained to perform the Standardized Field Sobriety
Tests (SFST’s). The International Association of Chiefs of
Police (IACP) has adopted that recommendation.
In order to have any validity the SFST’s must be administered
according to strict requirements. Failure to administer the test
according to NHTSA standards renders the test unreliable. Even if
administered correctly the level of scientific reliability adopted
by NHTSA still leaves reasonable doubt as to the conclusion that
someone failing to perform the tests as required is under the influence.
A skilled and experienced DUI attorney will take advantage of the
fact that SFST were not required by the officer and will take advantage
of the fact that the officer failed to administer the SFST’s
correctly. After cross-examination of the officer under almost any
circumstances the field sobriety testing should leave doubt and
the conclusions to be drawn from the test should be negated or work
in the client’s favor.
P.A.S. (Preliminary Alcohol Screening) devices
One of the issues that often arise in a California DUI case is the
use of a portable breath testing machine known as a Preliminary
Alcohol Screening device or commonly referred to as a P.A.S. device.
Under California law you have no obligation to provide a breath
sample using the P.A.S. device (unless you are on probation
and it is a term of your probation and often in the case of minors)
The officer is required by law to advise you that you may refuse
to provide a P.A.S. sample. This is probably the most abused circumstance
during a DUI investigation. Officers often will require you to provide
a P.A.S. sample without advising you of your right to refuse. Despite
the officer violating the law the evidence will often come in against
you. The P.A.S. sample is not the sample you are required by law
to provide. You will still have to give a breath or blood sample.
There is no legitimate reason for providing this additional sample.
The machines used are inferior and even when you believe providing
the sample will allow the officer to let you go, you will be surprised
more times than not that the sample provided exceeds your expectations.
The P.A.S. machines are not reliable and you are well advised
to just rely on the evidentiary breath test at the station or jail,
or to provide a blood sample.
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