San Jose Field Sobriety Tests

Do I have to complete Field Sobriety Tests if I am arrested for a San Jose DUI?

Despite common belief you are not required to complete any field sobriety tests if you are pulled over and suspected of driving under the influence in San Jose. This includes completing a PAS device or at the scene breath test prior to arrest. This should not be confused with a required chemical breath test which is performed after an arrest for a San Jose DUI under a California per se law requiring all California licensed driver’s to submit to a chemical test if arrested for a DUI.

Standardized Field Sobriety Tests in San Jose

Field Sobriety Tests are notoriously unreliable and only three have been approved by the National Highway Traffic Safety Association. The three standardized field sobriety tests are the Walk and Turn Test, the Horizontal Gaze Nystagmus and the one-legged stand. These tests are not guaranteed indicators of impairment. So if you have been arrested for a San Jose DUI and submitted to field sobriety testing do not feel that all is lost. A trained San Jose DUI attorney will be knowledgeable about field sobriety testing and will subpoena the officer to cross-examine the validity of the tests.

Hiring a Quality San Jose DUI Defense Attorney

In addition to the standardized field sobriety tests there are a number of other field sobriety tests that waiver in their ability to determine a person’s impairment. If you or someone you know has been arrested for a San Jose DUI and submitted to any field sobriety testing you should consult one of our accomplished San Jose DUI Defense Attorneys who has been trained in field sobriety testing and can consult whether your FSTs were done correctly or produced invalid results.