Defenses to Field Sobriety Tests

DUI Check

In many states, including California, field sobriety tests are used as a way to test for intoxication of drivers. There are three standardized tests through the National Highway Traffic Safety Administration, including the Walk and Turn (WAT) test, the One- Leg Stand (OLS) and the Horizontal Gaze Nystagmus (HGN) test. Each one of these tests have a standard of error that allows arrested individuals to fight against the results. Team up with a Santa Ana DUI attorney from our firm for help in coming up with the proper defenses to your case. Moises Aguilar, Attorney at Law is dedicated to fully investigating and preparing to represent each client as efficiently as possible. Some of the defenses to be made for each test include:

Walk and Turn Test:

  • Inadequate surface; not dry, not hard or not level
  • Inadequate shoes such as high heels
  • Inadequate lighting
  • Injuries or disabilities making it difficult to complete the test
  • Overweight and elderly
  • Administrative errors with providing detailed instructions
  • Lack of painted line

One Leg Stand:

  • Inadequate surface; not dry, not hard or not level
  • Wearing heels
  • Surrounding traffic
  • Inadequate lighting
  • Insufficient room to perform the test
  • People with back or leg problems
  • Overweight or elderly
  • Administrative errors

Horizontal Gaze Nystagmus:

  • Administrative errors
  • Faulty assessment of the angle of Nystagmus
  • Lights from oncoming traffic
  • Medical conditions such as inner ear problems, hypertension and glaucoma
  • Intake of substances such as aspirin or caffeine

If you have been arrested for a DUI in California, there are strict penalties on the line and you need to work towards building a defense. For help fighting against your DUI charges, contact Moises Aguilar, Attorney at Law. Our firm has taken on countless DUI cases and we are familiar with the proceedings that may arise. Have aggressive and experienced representation on your side by calling our firm.