Category Criminal Defense

Field Sobriety Tests in California: Can You Refuse and What Are the Consequences?

If you’ve ever been pulled over on suspicion of a DUI in California, you’ve likely heard of field sobriety tests (FSTs). These are the physical and mental exercises that police officers use to determine if a driver is impaired. But are these tests accurate? And are you required to take them? This article will explore the truth about FSTs and your rights when it comes to these roadside evaluations. For more information, you can visit https://tunglaw.com/pasadena-dui-lawyer/.

What Are Field Sobriety Tests?

The National Highway Traffic Safety Administration (NHTSA) has standardized three FSTs that are used by law enforcement across the country:

• The Horizontal Gaze Nystagmus (HGN) Test: This test involves the officer moving an object, such as a pen or a flashlight, back and forth in front of your eyes. The officer is looking for an involuntary jerking of the eyes, which can be a sign of alcohol impairment.
• The Walk-and-Turn Test: This test requires you to walk nine steps, heel-to-toe, in a straight line, turn on one foot, and then walk back nine steps. The officer is looking for signs of impairment such as losing your balance, starting before the instructions are finished, or using your arms to balance.
• The One-Leg Stand Test: This test requires you to stand on one foot, with the other foot raised about six inches off the ground, and count aloud for 30 seconds. The officer is looking for signs of impairment such as swaying, hopping, or putting your foot down.

While these tests are standardized, their accuracy is a subject of much debate. The NHTSA claims that these tests are highly accurate when administered correctly, but many factors can affect their reliability.

Are Field Sobriety Tests Accurate?

The accuracy of FSTs can be affected by a number of factors, including:

• Medical Conditions: Certain medical conditions, such as inner ear problems, back injuries, or neurological disorders, can make it difficult to perform these tests.
• Fatigue: If you are tired, you may have difficulty with your balance and coordination, even if you are not impaired.
• Nervousness: Being pulled over by a police officer can be a nerve-wracking experience, and your anxiety can affect your performance on these tests.
• Improper Administration: If the officer does not administer the tests correctly, the results can be unreliable.

Can You Refuse to Take Field Sobriety Tests?

In California, you have the right to refuse to take FSTs. Unlike chemical tests (breath or blood tests), which are mandatory under the state’s implied consent law, FSTs are voluntary. The officer is required to inform you that these tests are voluntary, but they may not always do so clearly.

If you refuse to take the FSTs, the officer may still arrest you based on other evidence, such as the smell of alcohol on your breath or your performance during the traffic stop. However, your refusal to take the FSTs cannot be used against you in court.

What Are the Consequences of Refusing?

While there are no legal penalties for refusing to take FSTs, there may be some practical consequences. The officer may be more likely to arrest you if you refuse, as they may interpret your refusal as a sign of guilt. However, it’s important to remember that the results of these tests can be used as evidence against you in court, so refusing to take them may be in your best interest if you believe you will not perform well.

Understanding your rights when it comes to field sobriety tests is a critical part of protecting yourself during a DUI stop. If you are facing a DUI charge, an experienced attorney can help you challenge the results of these tests and build a strong defense on your behalf. Don’t let unreliable evidence determine your future. Know your rights and get the legal help you need.

The criminal justice system can be an intimidating place, and it’s important to work with a defense attorney you can trust to explore all of your legal options and protect your rights. Our lawyers have served clients facing a wide range of criminal charges since 1990. We are dedicated to providing the very best service and personal attention to your case, backed by our experience and high standards of conduct, ethics and diligence. To work with a respected law firm, turn to us.

Representation for various criminal charges

When you’re facing misdemeanor or felony criminal charges, it’s critical to seek an experienced defense lawyer to protect your rights and give you the best chance at success. We provide comprehensive representation for the following issues:

DUI and DWI. The legal blood alcohol content limit for most motorists is .08 percent,  and .04 percent for commercial drivers. Texas has a zero-tolerance policy for underage drinking and driving. If you’re under 21, are asked to take a breath test and blow anything over 0, then you’re probably looking at getting a driver’s license suspension at the very least. The First-Offense conviction with less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days. (Class B Misdemeanor).

Traffic violations. Speeding, moving violations, reckless driving and leaving the scene of an accident are all examples of traffic offenses. Although many of these citations involve only minor penalties, others may result in the suspension of your driver’s license and large fines.

Drug crimes. Prosecutors aggressively pursue criminal charges against those accused of drug offenses such as possession, distribution, manufacturing and trafficking. In some cases, law enforcement officers use illegal searches and seizures to make arrests, and a skilled attorney must question these tactics to seek reduced or dropped drug charges. We also advocate for diversion opportunities such as drug treatment and community service for individuals facing first-time misdemeanor drug charges.

Theft crimes. Theft is defined as a person illegally taking the personal property from another person with the intention of depriving the rightful owner of that property. Our attorneys represent clients in theft crimes involving shoplifting, burglary, robbery, fraud, embezzlement and more. For a first time shoplifting offense, you may be able to avoid incarceration with pretrial diversion programs.

Probation violations. Failing to adhere to the terms of your probation can have major consequences, including jail time or fines. Probation requirements can be confusing, and you may violate the terms without knowing it. Our attorneys can help you plead your case in a hearing or, if necessary, appeal a judge’s ruling.

Assault and battery. To be charged with battery, you must make physical contact with another person with the intent to harm. However, to be charged with assault, there has to be the threat of physical harm but actual contact is not necessary. Assault and battery are serious charges with potentially severe consequences.

Sex crimes. The most common sex crimes include sexual assault, rape, statutory rape, prostitution and indecent exposure. Our experienced attorneys have the knowledge and skills to build your defense against a sex crime accusation.

Murder. Homicide is the most serious criminal charge you can face. Whether you have been accused of first degree murder, second degree murder, involuntary manslaughter or voluntary manslaughter, we can help fight your case.

White collar crimes. The most common types of white collar crimes include fraud, embezzlement, bribery and money laundering. The consequences include large fines, incarceration, probation or community service. This is a serious offense that can negatively affect your professional reputation.

What are the differences between felonies and misdemeanors?

Generally, misdemeanors are not as serious as felonies, but they may still come with serious penalties for those convicted. These crimes include traffic violations and minor criminal offenses, such as petty theft, public intoxication and trespassing. A conviction on a Class A misdemeanor offense will carry a punishment of up to a year in a county jail, and a fine of up to $4,000. Class B Misdemeanor: Charges at the level of a Class B misdemeanor are punishable by up to 180 days in a county jail, and a fine of up to $2,000.

Felonies, on the other hand, can be quite serious and result in major consequences, including incarceration and large fines. Common examples of felonies include aggravated DUI, assault, battery and robbery. The penalties range significantly from fines and short jail sentences for minor felonies to 25 years to life imprisonment for rape, homicide and other violent crimes.

Sound representation if you’ve been accused of speeding, reckless driving or another violation

Although the penalties for many traffic violations are relatively minor, others may come with serious consequences like a suspended driver’s license, large fines and even jail time. If you’ve been accused of a major traffic violation, we can help. We proudly serve clients, sticking to our core principles of providing honest, ethical and diligent legal counsel to each and every client. For a lawyer you can trust to explore all of your legal options, you can rely on our respected law firm.

Common Types Of Traffic Violations

The state of Texas and individual municipalities have specific traffic laws that all drivers must know and follow. The following are common violations:

Speeding. This is the most common type of traffic violation, defined as exceeding posted speed limits. Fines may be higher if you’re accused of speeding in a school or construction zone.

Moving violations. Any infraction of a traffic law while a vehicle is in motion may be considered a moving violation. Common examples include running a red light, failure to stop for pedestrians at a crosswalk and failure to use a turn signal.

Distracted driving. Cell phones, mobile devices, food and beverages, and passengers may all cause distractions for drivers. It is illegal to send text messages while operating a vehicle, and drivers under the age of 18 are prohibited from using wireless communications devices. Police may issue citations for distracted driving, especially if an accident has occurred.

Reckless driving. This applies to traveling at speeds above 80 miles per hour or 20 miles per hour above the posted speed limit. It also includes using a public road to race other vehicles, weaving in and out of traffic and running stop signs or red lights.

Leaving the scene. Also known as a hit-and-run, it is a serious crime to leave the scene of an auto accident, even if you were not at fault. In some situations, this may result in a felony charge.

Operating without a license. It is illegal to operate a vehicle without a valid driver’s license. Penalties may include fines and jail time.

After you’ve been cited for a traffic violation, you may attend a court hearing and plead not guilty with the help of a criminal defense attorney. If the court agrees, you will have your ticket dismissed. If not, you may incur fines and points on your driver’s license. Accumulating 15 or more points within a two-year period will result in the loss of your license for up to 12 months.