San Diego DUI lawyer news

May 15, 2008

www.sandiegodrunkdrivingattorney.net/blog

San Diego DUI FSTS- DOES ONE HAVE TO DO THEM?

Generally, no. Politely decline.

If you have been pulled over or contacted by San Diego DUI police officers that suspect that you have been San Diego DUI – driving under the influence of alcohol or drugs, you are, with one possible exception, under no legal obligation to submit to so-called San Diego DUI Field Sobriety Tests AKA acrobatics AKA gymnastics.

One possible San Diego DUI exception is if you have been previously convicted of a San Diego DUI and the San Diego DUI Court has placed you on San Diego DUI probation.

Because you are on San Diego DUI probation to the San Diego DUI Court, as a San Diego DUI court may order, as a condition of San Diego DUI probation, that the San Diego DUI probationer submit to all testing, certainly a chemical test – perhaps also including San Diego DUI Field Sobriety Tests – if requested to do so by the San Diego DUI police.

There are a number of possible San Diego DUI Field Sobriety Tests that a San Diego DUI officer will have a suspected San Diego DUI driver perform; most San Diego DUI officers chose between 2 or 3 and 5 of the following tests:

* Finger-to-nose

* Horizontal gaze nystagmus

* Heel-to-toe

* Alphabet recitation

* Hand pat

* Fingers-to-thumb

* One-leg-stand

* Modified position of attention (the Rhomberg test)

Usually when a person suspected of San Diego DUI submits to these San Diego DUI tests, they are NOT videotaped and no “evidence” exists of how the person performed on the San Diego DUI FST tests – save, of course, for the San Diego DUI arresting officer’s subjective interpretation of the San Diego DUI arrestee’s performance on the San Diego DUI tests.

Ask a San Diego DUI attorney experienced in defending people accused of San Diego DUI – driving how many of their clients have said that they “passed” the San Diego DUI Field Sobriety Tests, only to find out later that, according to the San Diego DUI arresting officer that they “failed” the San Diego DUI tests.

www.SanDiegoDUIlawyer.com

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