Field Sobriety and Breath Tests
The Truth about Field Sobriety and Breath TestsField sobriety tests are subjective and designed to give police officers probable cause to make an arrest. Handheld breath tests are unreliable and are only used to officers probable cause to make an arrest. What most people do not know is that they have the right to refuse either a field sobriety test of a portable breath test. While they will most likely be arrested arrest for refusing, the chances are they will be arrested anyway. Contact Our San Jose or Santa Cruz DUI Attorneys Today The lawyers at the Law Offices of Donald M. Kelly have extensive experience challenging probable cause issues related to field sobriety tests and portable breath tests. We are committed to providing our clients the information they need to make informed decisions about field sobriety tests, breath tests, and blood tests. Field Sobriety TestsThere are three common field sobriety tests: the walk and turn, the one leg stand, and the horizontal gaze. When administered correctly on a dry flat surface, by an officer properly trained, exactly following all proper procedures, administered to a person of average agility, who is not overweight…these tests are not reliable. Even when conditions are perfect, statistics show that they are accurate predictors of an .08 BAC only about two-thirds of the time. Preformed incorrectly they have no ability to predict elevated blood alcohol levels. Nonetheless courts have deemed that a refusal to take a field sobriety test is sufficient to give an officer probable cause for arrest. Breath tests and Blood TestsPortable breath tests are far different than breathalyzers and blood tests. People have a right to refuse portable breath tests. While this will most likely result in an arrest there are no legal penalties for refusing a portable breath test. The implied consent laws compel people suspected of driving with a blood alcohol level above the legal limit to submit to a blood or breath test or face an automatic driver's license suspension. Regardless of whether a breath test or blood test is give, it is important to request an additional blood sample to be taken. This test can then be tested by an independent laboratory later. Contact our DUI Defense LawyersIf you have any questions about field sobriety tests, portable breath test, breathalyzers, or blood tests, please contact the Law Offices of Donald M. Kelly. You can reach us in San Jose at 408-298-2800 and in Santa Cruz at 831-429-1009. We can also be contacted by filling out the confidential intake form on our Contact Us page. |
