DUI - FIELD SOBRIETY TESTS – “FST’s”
Riverside, San Bernardino, Los Angeles & Orange County
DUI Criminal Lawyer & Attorney

Once an officer/sheriff’s deputy has stopped/contacted you and decided he/she believes you may be under the influence of alcohol and/or drugs while driving, you will usually be asked to perform a series of field sobriety tests (FST’s).  Agreeing to perform the FST’s is optional, however, most officers don’t inform people of that fact since at this point in their investigation, they are not generally required to.  If you are asked to perform FST’s, you are usually given three or four of the standard FST’s listed below (not a complete list):

• Horizontal Gaze Nystagmus “HGN”/Vertical Gaze Nystagmus “VGN” (following a stimulus such as a finger or penlight with your eyes)
• Rhomberg Test (head tilted back, eyes closed and mentally estimating 30 seconds…indicating the 30 seconds are up by raising your head and opening your eyes)
• Walk and Turn (taking 9 steps heel to toe on a straight line in one direction, turning, and repeating in the other direction)  
• Finger to Nose (with closed eyes and arms extended straight out and up from your sides, you are asked to touch the tip of your nose with fingerpads only)
• One Leg Stand (while standing on one leg, the other is raised a certain number of inches from the ground for 30 seconds while keeping arms flat at your side)
• Finger Count (you are asked to count every time you touch your thumb to each of your other 4 fingers & then you count backwards while doing the same)

By the time the experienced and knowledgeable DUI defense team of WILL & WILL, LLP is contacted, some people don’t feel comfortable with how they may have done on one or more of the aforementioned FST’s that they performed.  There are many different reasons some people may feel uneasy with their performance on the FST’s.  For example, women often feel uncomfortable performing FST’s in high heels, and may prefer not to perform them barefoot outdoors either.  While most people are unaware of this fact, there are actually many reasons you can give to avoid taking these FST’s.  And, the less evidence the prosecution and DMV has to use against you, the stronger the defense your DUI lawyers at WILL & WILL, LLP can assert on your behalf.  Be aware, however, that regardless of how you may think you performed, the only way to find out what we are up against is to actually see what is written in the investigating officer’s report.  There have been times when our clients contact us and initially feel they performed well on the FST’s.  Remember, there is no pass/fail.  Then, we get the police reports and they say otherwise.  Do not be surprised to find things in the arresting officer’s report that you disagree with.  When an officer is performing a DUI investigation, he/she is looking for more that you think they are and you may be taken aback to see what actually appears in their report!  For these reasons, you need an experienced and knowledgeable WILL & WILL, LLP DUI defense lawyer reviewing those reports.