One of the most common questions asked when people call the Law Offices of Scott Henry is whether they have to complete field sobriety tests. The answer to that is no. You are not required by law or statute to complete any field sobriety tests. The only exception lies with those who are under 21 years of age or those who are on probation for a DUI. In those circumstances you are required to complete a Preliminary Alcohol Screening or PAS test prior to arrest. The PAS test is often the final field sobriety test and is used to determine the presence of alcohol. Absent those two situations, it is your right to refuse all field sobriety tests including the PAS test.
Another common belief is that when someone completes field sobriety tests that they have passed or failed the test. Our Southern California DUI practice is dedicated to the defense of driving under the influence and has handled thousands of cases. Field sobriety tests are not pass/fail tests. Instead, the officer is trained to look for clues of intoxication. Many times the officer explains or demonstrates the tests incorrectly or even fails to look for the right clues in making a determination if someone is under the influence. Our DUI attorneys are trained in field sobriety tests and know what to look for in a police report and how to cross-examine an officer regarding these tests. If you or someone you know has been arrested for DUI in Southern California, contact our office today. Call us toll free at 888-444-7210.