The Law Office of Blackie Burak

Our DUI Attorney Concord CA Raises Doubt About Field Sobriety Tests


Napa-County-Creek-DUI-lawyer--300x229Our DUI attorney Concord CA is sometimes asked if our office can challenge the results of field sobriety tests. Our lawyers have raised doubts about these tests on several fronts. In addition, questions about one aspect of the test can cast doubt on other aspects of the FSTs.

Casting Doubt on the FSTs

Your DUI attorney Concord CA will question a specific FST without directly relating it to a separate test. The defense lawyer will then wait to see if the jurors can see the connection to the other FSTs, which casts doubt on all of the FSTs. This can be effective because the jurors reach their own conclusions about the tests. If your lawyer keeps emphasizing the same point, the jurors might quickly become distracted.

Key Cross-Contamination Points

  1. A sloped testing area – Any tests involving walking or balance, including the one-leg stand or the Romberg test, need to be given on a flat surface. However, this rarely happens as most surfaces slope either up or down, and some surfaces vary in several directions across the testing area.
  2. Comparison or baseline testing – The officer has no idea if you would have been able to complete the FSTs even if you had not allegedly consumed alcohol. Therefore, the courts do not have a basis for claiming that your poor performance was affected by drinking alcohol. You might be overly tired, uncoordinated, struggle with blood sugar issues, or have other reasons to perform poorly on the test.
  3. Understanding reasons for the test – The officer likely does not know why the tests are given in a specific manner. For example, the prosecutor will probably review the officer’s experience, background in law enforcement and knowledge about giving and reviewing FSTs. The state considers the qualifications of the police officer and holds him or her up as an example. However, your DUI attorney Concord CA will cast doubt on this by questioning how a test is given. For example, most officers do not understand why a subject tilts their head back or closes their eyes during the Romberg test.

Contact Our DUI Attorney Concord CA

If you think that the FSTs were improperly conducted at a DUI stop, contact the Law Office of Blackie Burak, DUI attorney Concord CA, at (925) 933-4500 .

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About the Author

Professional & trustworthy DUI & Criminal Defense Lawyer Blackie Burak, Esq. defending your rights.