FIELD SOBRIETY TESTING - MORE THAN MEETS THE EYE

Fri, 28 Sep 2007 00:00:00 -0400

Almost all DUI investigations include having a California DUI suspect perform various balance and coordination tests. These tests are referred to as field sobriety tests or FST's. The theory behind these tests is that they test a person's ability to divide attention. Driving is portrayed as a divided attention task. One has to both operate the automobile and also pay attention to other cars, pedestrians, and traffic controls on the road. There are several FST's. The most common are the horizontal gaze nystagmus, walk and turn, one leg stand, Rhomberg balance, finger to nose, alphabet, and number count. Only three of these tests, the horizontal gaze nystagmus, walk and turn, and one leg stand are recognized by the National Highway Traffic and Safety Administration (NHSTA) as having a statistical validity. These three tests are called Standardized Field Sobriety Tests (SFST's) The horizontal gaze nystagmus test consists of the arresting officer asking the DUI suspect to keep their head still and follow a stimulus such as a pen or finger while the officer moves it in front of their face. The officer is looking to see if the eyeballs jerk involuntarily (nystagmus). **End Summary** Topics: Los Angeles DUI Lawyers]]> DMV defense attorney]]> field sobriety test challenges]]> FST challenges]]> DUI LA]]> California DUI laws]]> drunk driving lawyer.]]>]]> About the Author: ]]> 'Author Bio:' DUI Lawyer Kenton Koszdin of Los Angeles County, California DUI attorney has helped many people in Los Angeles and surrounding counties to save their drivers license and preserve their driving privileges from Drunk Driving Offenses

THE REFUSAL CASE

Tue, 25 Sep 2007 00:00:00 -0400

When a California DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities. California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test. If a DUI suspect is arrested and after arrest is given the opportunity to take a chemical test such as a breath, blood, or urine test, and refuses to take any chemical test, the DUI suspect will be charged with an additional crime of refusing a chemical test. The DUI suspect who refuses to take a chemical test gains some advantages by refusing. The prosecution does not have a blood level number to rely upon and has the more difficult job of proving impairment as defined in California's jury instructions. However, this is of limited value. **End Summary** Topics: Los Angeles DUI Lawyers]]> DMV defense attorney]]> field sobriety test challenges]]> FST challenges]]> DUI LA]]> California DUI laws]]> drunk driving lawyer.]]>]]> About the Author: ]]> 'Author Bio:' DUI Lawyer Kenton Koszdin of Los Angeles County, California DUI attorney has helped many people in Los Angeles and surrounding counties to save their drivers license and preserve their driving privileges from Drunk Driving Offenses

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FIELD SOBRIETY TESTING - MORE THAN MEETS THE EYE

THE REFUSAL CASE