If you have been stopped by law enforcement in Beverly Hills on suspicon of DUI, then chances are you may be subjected to a Breathalyzer, Blood, Urine or Field Sobriety Test. Whether or not you are in full understanding of what these tests mean, you should be certain that you are aware of your legal rights when it comes to these types of tests.
When an officer suspects that a driver is driving under the influence of drugs or alcohol, the first step in determining probable cause for additional tests is The Standardized Field Sobriety Test (SFST). This test typically consists of three parts and is performed at the location of the stop. The National Highway Traffic Safety Administration developed this test and officers are trained to administer it. These parts are:
- Horizontal Gaze Nystagmus (HGN),
- Walk-and-Turn (WAT),
- One-Leg Stand (OLS).
To perform these tests, the officer will ask the driver to follow an object placed in the driver’s line of sight when it is moved. The officer is looking for jerking eye movements that are characteristic of those who are impaired. The next two steps are known as “divided attention” tests. The officer will ask the driver to perform movements while listening to instructions. There are parameters that officers are trained to observe during these tests.
If an officer determines that the driver has difficulty performing these tests, probable cause for further tests is established. Of course there are many factors that can enter into the validity of these tests and you will be able to challenge the results using a reputable attorney.
Drivers facing further testing after an initial field test will have to make a decision about whether to take a Breathalyzer, blood or urine test. Again, there are a number of factors that can enter into this decision. The tests results and their use in court is under review all the time, and you do not have to take a test or to accept the results.
A Breathalyzer is a device that is used to estimate a person’s blood alcohol content. The driver will be asked to blow into the device which then takes a reading and makes a calculation for the amount of alcohol in the individual’s blood. Although these devices must be certified by the Food and Drug Administration, there has been significant controversy about the accuracy of these tests.
Blood and urine tests are not done on site but are done by a technician. These tests also estimate a driver’s blood alcohol content but can be problematic for a number of reasons.
When a driver faces a Breathalyzer, Blood, Urine or Field Sobriety test in Beverly Hills, there are many variables that can affect the legality and accuracy of the test. A skilled attorney can respond to those concerns in defense of a driver who faces DUI charges based on that testing.
