909-500-4819
Call Us Now
Email Us Now
What Does the Law Say About Field Sobriety Tests in California?
The law in California allows law enforcement officers to ask you to submit to a breathalyzer test if they stop you on suspicion of driving under the influence. They may also conduct field sobriety tests to assess your level of impairment. Understanding your rights under these circumstances and the potential outcomes of refusing to take the tests is crucial.
Lawyers from a San Bernardino law firm explain that the legal outcome of a DUI can be severe. What you do during and after a DUI stop can go a long way in breaking or making your case, so it’s crucial to seek legal representation as soon as possible when facing DUI charges.
What Comprises Field Sobriety Tests?
DUI defense lawyers in San Bernardino say that field sobriety tests are physical and cognitive tasks that enable law enforcers to evaluate your balance, coordination, and mental clarity. The tests are typically done on the roadside during a traffic stop if a law enforcer suspects you might be impaired.
Standard field sobriety tests include the following:
- One-leg stand: The officer will require you to stand on one foot while counting aloud until the officer instructs you to stop. The test gauges your balance and concentration.
- The walk-and-turn test involves walking heel-to-toe in a straight line and returning similarly. It tests your ability to complete tasks that require undivided attention.
- Horizontal gaze nystagmus: An officer will observe your eyes as you follow a slowly moving object horizontally. Jerking the eye involuntarily could indicate some level of impairment.
California laws don’t make it mandatory for you to take field sobriety tests during a DUI stop. You have the right to refuse to accept the tests, and doing so doesn’t imply an admission of guilt. However, San Bernardino DUI defense lawyers add that this decision may have inevitable legal consequences and implications.
Understanding Implied Consent for Field Sobriety Tests
When you get your driver’s license in California, you agree to submit to blood or breath chemical testing at a law enforcer’s request if stopped for a DUI. By driving on California roads, you have already consented to be subjected to field sobriety tests and provide a sample of blood or breath when an officer requests it.
This is commonly known as “implied consent.” You can refuse to take the tests at the DUI stop, but refusing to take the test after a DUI arrest can lead to stiffer penalties than those of a DUI conviction. Skilled DUI defense attorneys in San Bernardino could help you fight the results in court to avoid the additional penalties.
What Are the Penalties for BAC Test Refusal?
Refusing to take BAC and field sobriety tests won’t stop a law enforcement officer from arresting you. The arrest will be based on their assessment of your driving, quality of speech, appearance, and alcohol smell. DUI tests are just additional tools officers use to justify a DUI arrest and strengthen the prosecution’s DUI case against you.
If convicted of a DUI after having refused the blood, breathalyzer, or urine test, you’ll be subject to additional penalties, depending on whether it is a first or subsequent offense. If you refuse to take the DUI tests during your first DUI arrest, you risk the following additional penalties:
- An additional 48 hours in jail
- Six additional months in a DUI school
- A year-long suspension of the driver’s license
A second-offense DUI test refusal has the following penalties:
- An additional 96 hours in jail
- Suspension of your driver’s license for two years
Refusal of the tests during a third DUI arrest has the following consequences:
- Additional ten days in jail
- Three-year suspension of your driver’s license
If you face another DUI charge beyond the third one, the penalties include an additional 18 days in jail and suspension of your driver’s license for three years. Note that these penalties are in addition to the DUI penalties imposed upon a conviction.
Can I Fight DUI Charges Resulting from DUI Test Refusal?
The law protects your rights by making provisions to fight the charges related to refusing DUI tests. Skilled San Bernardino DUI defense attorneys can help you formulate various solid defense strategies depending on the case specifics:
- Unlawful DUI arrest: The lawyers can argue that the arresting officer didn’t have sufficient reason or probable cause to pull you over. The court may drop the DUI charges, and you won’t face the enhanced charges for refusing the DUI tests.
- Failure to inform by the officer: You could argue that the officer failed to inform you of the consequences of refusing the DUI tests. If the court finds the argument valid, it may drop the enhanced penalties for the refusal.
- Other defenses: Skilled lawyers understand how DUI laws work and can evaluate your case specifics and formulate other defense strategies. For example, they could argue the refusal was a mistake, the evidence against you was insufficient, or that you took an illegal substance and drove, leading to a DUI misunderstanding.
A Skilled DUI Defense Attorney Providing Legal Counsel on DUI Field Sobriety Tests
While it is your right to refuse to submit to field sobriety tests at a DUI stop, the decision can have various legal consequences. You risk additional days in jail and an extended suspension of your driver’s license, depending on whether it is a first or subsequent DUI offense. Experienced DUI defense attorneys in San Bernardino can help you challenge the charges to protect you from the penalties.
The aggressive DUI defense attorneys at Patrick Silva, Attorneys at Law, can help you. Our team understands how DUI laws in California work, and we can provide a solid legal pillar to help you navigate them. A lot is at stake, and you shouldn’t be casual about DUI charges. Call us at 909-500-4819 to schedule a FREE case assessment.
