Reasons to politely say “NO” to San Diego DUI Police Field Sobriety Testsrick
Nobody wants a DUI. To achieve this objective once stopped by San Diego DUI police, remember the tips to minimize conviction for DUI. Keep these in mind when the officer smells alcohol and asks you to step out of the car.
Should you do the field sobriety tests when requested by the DUI officer in San Diego? Your answer ought to be a persistent but polite: “no thank you, sir.”
Why? The field tests are voluntary and not required by law, attorneys remind.
What’s going on here? These DUI field tests are designed for the San Diego police officer gather evidence AGAINST you regardless of the circumstances, local lawyers know. As my father often used to say: “If you cut your own throat, do not supply the razor.”
Why you should say “no, thank you, sir:”
- The DUI field sobriety tests are not called “acrobatics” or “gymnastics” for no reason. They are hard, even if sober.
- You were not required to do these DUI tests prior to getting a driver’s license.
- The DUI field tests are voluntary and not required by law.
- The DUI tests are one of the main building blocks of a San Diego DUI prosecution.
- The DUI field sobriety tests are patently unfair. They are used on all types of folks from 16 to 84. Weight and physical problems are not factored into the equation.
- The original data from the studies which lead to the creation of the DUI tests have never been peer reviewed.
- The DUI tests are not scientific tests.
- The DUI test results are simply based on the police officer’s subjective opinion.
- The scoring is unfair. On the walk and turn test there are eight clues. If you have only two clues present, you fail.
- Even if you pass the field sobriety tests you can still be arrested for driving under the influence.
- The hand-held gadget breath test result in the street (or “field”) is also voluntary unless under 21 or on California DUI Probation.