It is important for all drivers to understand the DUI process. One of the biggest parts of a DUI charges is the sobriety tests. The results of sobriety tests are a big factor in a police officer's decision to arrest you and are usually the main evidence against you. A good DUI attorney knows how sobriety tests can be inaccurate and uses this information to challenge the evidence.
The first type of test you will be asked to take during a DUI stop is a field sobriety test. These tests involve you standing on one leg, walking in a straight line or following an object with your eyes. The problem with these tests is that they can be difficult for anyone to pass, even if you are 100% sober. If you use your arms to steady yourself or wobble too much, this is considered a failure and basis for a DUI charge. Police cars record you taking these tests with their dashboard cameras and the videos are used against you as evidence of you intoxication. The good news is that you can decline taking a field sobriety test without any penalty.
The second type of sobriety test is the breath or blood test. These tests measure the amount of alcohol in your body. They work by using a sample of your breath or blood and measuring the content of alcohol particles. Many of these devices take inaccurate readings or can give flawed results based on a number of factors. You can decline taking a chemical sobriety test, but some of these tests fall under California Implied Consent laws and declining will lead to a year of license suspension. The police officers will advise you which tests are covered under implied consent. Most lawyers will tell you to only take the tests that you need to in order to avoid implied consent violation.