Challenge Field Sobriety Tests Evidence in a California DUI
The field sobriety tests related to DUIs are very subjective things. What I mean by that is that it's just the police putting people through a trial. They're sitting there watching it.
Often, unless they have a body cam on or their dashcam is pointing at the person while they're doing it—which they rarely do—they just look at the footage and determine whether or not they think the person passed the test.
They sit there and critique how the person does each test, how the person follows instructions, and how each test is interpreted. Then, they put each test in the police report, basically explaining what they believe the person did wrong.
Sometimes, they actually will put in there that the person passed some of the tests, and obviously, that would be one way to challenge them and say, you told the person to count to thirty, and they were able to judge and relied on twenty-nine. That's pretty good. That sounds to me that they're cognizant, and they're good. So, there are ways to challenge them.
Reviewing Video Evidence
Having a videotape of the field sobriety tests is a game-changer. It's one of the first things we do in a close-call DUI case where the person claims they passed all the tests. This visual evidence can significantly bolster your defense and provide a strong counter to the police report.
You know, if you blew a .16, forget it. Who cares if you passed the field sobriety test because your blood alcohol level is double the legal limit?

If, on the other hand, you were a .08 and they were refusing to give you something less than a DUI, then the field sobriety tests start to become important because you can then challenge the .08 and say that their breath machine is not 100% accurate.
You could have been a .06 based on the .02 error rate related to the machine.
So, the next thing the prosecutors will try to do is to use your field sobriety test to get you under Vehicle Code Section 23152(a), which says you have alcohol in your system.
You can't safely operate a motor vehicle, and the way they're determining whether you could safely operate a motor vehicle is by looking at those field sobriety tests.
So, if you've got a video of it and you look fine in it, then obviously, that could help you.
Another way to challenge them is if a dashcam video shows you getting out of the car and dealing with the police fine. You're walking fine — any of the stuff that could indicate that you're normal and don't have any problems would certainly be a way to challenge the field sobriety tests.
Attacking Field Sobriety Tests Evidence in a DUI
But the best DUI defense attorneys are asking questions about it and pointing things out and really evaluating what the police put in the police report related to those tests and then attacking and challenging the police's presumptions and what they're saying about the test and whether or not the person passed them or not.
Suppose they could pass some of the tests. In that case, that's certainly something that could be used to argue that the person was fine and really could safely operate a motor vehicle because those tests are supposed to be designed to determine whether somebody can safely operate a motor vehicle.
So, you're going to have to look at the police report itself and see what the police put in there, and then you start to talk about it with your client.
Your client could undoubtedly get on the witness stand, challenge a field sobriety test, and say they passed those tests. They did everything they were supposed to. Maybe they didn't stand on one leg properly because they had an injury on one of their legs.
Your client's testimony and supporting medical documentation can be a powerful way to challenge the field sobriety tests. This additional evidence can significantly strengthen your defense and potentially sway the outcome of your case in your favor.
My example of someone blowing double the legal limit is pretty silly to challenge a field sobriety test under that circumstance. You don't need the field sobriety test to get the person for the DUI because their blood alcohol level is way over the legal limit.
Review Your DUI Case to Determine Best Strategy
Before deciding what to challenge in your DUI case, it's crucial to thoroughly review the facts and circumstances. This comprehensive approach, guided by your attorney's expertise, will ensure that you're well-prepared to make strategic decisions about your defense.
Your attorney will need to thoroughly review the police report and discuss it with you. Based on their experience and the details in the report, they can advise you on whether challenging the field sobriety tests is a viable strategy and whether it could significantly impact your case.
This underscores the importance of having a knowledgeable and experienced attorney to guide you through the complexities of a DUI case.