The vast majority of DUI investigations in California begin when a law enforcement officer conducts an enforcement stop on a motorist after witnessing a violation of the California Vehicle Code or some other odd driving pattern that piques the interest of the officer. Classically, the officer will approach the subject vehicle, contact the driver and explain the action that prompted the enforcement stop.
It is during this initial contact with the driver that most DUI investigations begin. The officer may smell the odor of an alcoholic beverage emitting from the interior of the driver's vehicle. He may detect the driver's speech is slurred or he may see that the driver has difficulty processing simple questions. In short, the officer will often detect some signs or symptoms of impairment that prompt him to direct the driver out of the car to conduct a further investigation.
Although our citizens are mandated to identify themselves and to obey the lawful order of a police officer, they are not mandated to assist police officers in the collection of evidence. Although it is highly advisable that a driver exit his or her vehicle, it is not necessary for a driver (even one who is on DUI probation) to submit to, or participate in, field sobriety tests.
The inherent problem with field sobriety testing is that the performance of one's tests can be adversely affected by a variety of factors that may have nothing to do with alcohol or drug impairment. The performance of field sobriety tests may be affected by any of the follow:
- The age of the test subject.
- The physical health or stamina of the test subject. Previous injuries, recent surgeries, inner ear problems, weight issues, diabetes, scoliosis, gout, etc. The list of potential medical or physical issues that can mimic the effect of alcohol is virtually endless. Anything that makes a driver "appear" impaired could easily be mistaken as impairment by a police officer.
- Weather conditions at the time of test.
- Issues related to clothing or the type of footwear.
- Distractions from passing traffic, police radios, other police officers, barking dogs, belligerent friends or passengers, etc. Again, anything extraneous source of distraction can affect the way the officer instructs the tests or the way the subject performs.
- Confusing instructions by the police officer.
- High levels of anxiety.
- The surface the test subject is required to stand upon.
The assessment of field sobriety tests is completely "in the eye of the beholder." There is generally no scoring system used by police officers so their evaluation is completely subjective. When confronted by a uniformed officer who is demanding the performance of field sobriety tests, it is important to remember that the officer is not there to be kind or to be your friend. He is there to make an arrest and our citizens have no obligation to assist him.
If you decide to submit field sobriety tests, it is critically important that you listen carefully to each instruction given and perform the tests exactly is instructed or demonstrated. Something as simple as the way you position your feet or your hands will come under the scrutiny of the officer so attention to detail is critical.
When our citizens do submit to field sobriety testing, they may encounter any number of the tests listed below: