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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Are DUI Field Sobriety Tests important in a Vista DUI case?

     Field sobriety tests in a Vista DUI arrest and Court case are important.  However, DUI field sobriety tests are only one factor.  Most DUI arrests in Vista, Oceanside, Carlsbad, Escondido and North County, result in 2 charges being filed.  VC 23152(a) Driving under the influence of alcohol and/or a drug and VC 23152 (b) Driving with .08 or more blood alcohol level. 

     Field sobriety tests (FSTs) may help you if you did well to try to show you were not impaired or under the inluence for purposes of driving.  If you were .08 BA or more at the time of driving, you could still be convicted of Driving with .08 or more regardless whether you were found “not” under the influence.  You would end up with the same penalties.  Good FSTs may help show that you were a lower blood alcohol level at the time and were absorbing and rising by the time of the official blood or breath test.  You do not have to take field sobriety tests.

     Law enforcement carefully watch your physical performance and ability to follow instructions to assess mental and physical impairment.  Many times people think they passed but the report indicates otherwise.  For example results may show on the line walking test – you took 7 steps instead of 9, did not touch heel to toe on steps 3, 5, 8, raised your arms for balance and sidestepped on the turn.  Officers have no baseline of sober performance to compare and can just draw opinions based on your performance.  Everyone has different abilities, a 21 year old would do much better than a 64 year old.  Other issues could be the area of the test, footwear, incline. lighting, medical conditions etc.

     Having handled over 3000 DUIs over 30+ years, Nicholas and William Christoph at Christoph Law Offrices are located across from Vista Courts and know how to achieve the best result in your case.  Call for free a consultation 760-487-6830

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