The reason that the police make people do the field sobriety tests related to a DUI in Los Angeles county is that that is one way that they can try to make the argument if the case goes to a jury trial that the person that they arrested could not safely operate a motor vehicle In other words, those field sobriety tests are designed to verify whether somebody could safely operate a motor vehicle for purposes of a DUI in Los Angeles County.
Other tests are undoubtedly relevant, such as how the person is speaking, how they walk, how they were driving, whether they were involved in an accident, whether they were speeding, and whether they could follow the instructions of a police officer.
One of the most effective ways to discredit a field sobriety test, and perhaps the best method available in today's technology, is through video evidence. Unless the police attempt to manipulate or conceal it from the defense, the dashcam of the police vehicle can be a powerful tool. If it shows a person performing the field sobriety test well, it can unequivocally discredit the test if the police claim it was failed.
Another potent tool that has emerged, provided the police don't manipulate or hide it from the defense, is body camera footage. The LAPD is mandated to wear body cams, so why wouldn't they have them turned on during a DUI stop where they're trying to claim that the person can't safely operate a motor vehicle? This footage can debunk their claims of staggering and other allegations in the police report, allowing everyone to see the truth.
Let's not just have it all captured with you. So those are two significant ways now in today's DUI world in Los Angeles to discredit the field sobriety test, which is body cam evidence and dashcam evidence.
Review Witness Cell Phone Video
Another one I'm seeing now is another good one, and this is a great technology – what if someone else is videoing the field sobriety test from their phone? That's another good way to get them, like the passenger does.
A passerby stops. We often encounter this in such cases. I've been doing this for twenty-five years. This is great new technology – videotapes. That's how they're catching the police on police brutality cases.
They might also help out in field sobriety tests and DUI tests. I've had people for many years that the police are lying about how they did on the field sobriety test. Most people tell me they think they passed the field sobriety test. I know for certain that, according to the police, they didn't administer a field sobriety test because they wouldn't have been allowed to arrest them if they had passed all the field sobriety tests.
Another way to discredit the field sobriety test is by passing some of the tests. This can be beneficial because it raises questions about how someone could pass a test if they were heavily intoxicated. Surprisingly, sometimes the police admit that the person did well on some of the field sobriety tests. This admission can be a significant advantage in your case.
I would think that now, with all this video evidence, the police have to be very careful about lying about it, because if they get caught, they'll be fired and possibly even prosecuted. So, that's another way to do it. If you can pass some of the tests, that's a little foothold in proving that the tests were good. You didn't have a problem. It would help if you weren't arrested for a DUI.
So, passing those tests is crucial. Unfortunately, it relies on the subjectivity of the police. In other words, the police are the ones who judge whether you pass a test or not, and that's unfortunate, it really should be captured on video, and then if you want to take your DUI case to a jury trial, the jury can judge for themselves whether they think you passed those tests.
Review of Breath or Blood Test Results
Another way to discredit the field sobriety test is by comparing it to other tests. For example, they're claiming you didn't pass, and you're too intoxicated to drive, but then your blood or breath test comes back under a .08. Bam! Field sobriety test discredited.
You're under the legal limit. It would help if you hadn't been arrested for a DUI, and regardless of what the police are subjectively claiming, your results were in the field sobriety tests. Now you have something to say, wait a minute, I'm under the legal limit because, believe it or not, you can be charged with a violation of Vehicle Code Section 23152(a), which doesn't have anything to do with being a .08 or greater.
Ultimately, how the police prove you couldn't safely operate a motor vehicle is through the field sobriety test. This test is a subjective belief – if they use a Preliminary Alcohol Screening (PAS) device that indicates alcohol in your system, and they claim you have alcohol on your breath, and they claim you didn't pass the field sobriety test, they can then charge you with a DUI.
If you find yourself in a situation related to a field sobriety test, it's crucial to seek the advice of an attorney. I discuss this frequently in my twenty-five years of experience handling DUI cases in all the courts of Los Angeles County. An attorney can provide the necessary guidance, discuss the field sobriety tests, the evidence, and help you make an informed decision on how to proceed with your case.
We discuss field sobriety tests, whether the person passed, and what evidence we can obtain to demonstrate that they gave a sample. Then, we make an informed decision after reviewing everything, whether this is a case worth fighting or whether it should be resolved through a disposition.
