Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
DUI » What are Standardized Field Sobriety Tests in Ventura County?
If you are pulled over in Ventura County and the officer suspects that you may be intoxicated, you will likely be asked to take a series of physical tests as the officer evaluates your condition.
Field sobriety tests (FSTs), as they are known, are entirely subjective in that the determination as to whether you have “passed” or “failed” a test lies solely with the officer. As such, their reliability can be questionable and the accuracy of the results challenged by an experienced Ventura County DUI defense attorney.
There are three “standardized” tests that have been approved by the National Highway Traffic Safety Administration for use in determining whether a driver is under the influence. Additionally, there are a number of other tests officers can and do use to determine a driver’s sobriety. Which tests are administered and how many you’ll be asked to complete can vary.
The three standardized FSTs that you may encounter if you’re pulled over on suspicion of a Ventura County DUI are:
While refusing to take a blood or urine test to determine your blood alcohol concentration can come with legal penalties, you can politely and respectfully decline to take a field sobriety test without any negative legal consequences.
If you have been arrested and are facing a DUI charge in Ventura County, please give us a call.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Many people incorrectly believe that if you are arrested for a California DUI…and the police don’t read you your “Miranda rights”…that your DUI charges will automatically be dismissed. The fact, however, is that absent very specific circumstances, Miranda rights are generally not required as a part of a California DUI investigation. Miranda rights, which typically ...
The issue regarding the difference between a DMV suspension and a court suspension arises in DUI cases. In these types of matters, a state’s Department of Motor Vehicles (DMV) can initiate the administrative suspension of a driver’s license following a DUI arrest. In addition, a court can order that a motorist’s license be suspended following ...
Prosecutors and Judges have an enormous amount of discretion when it comes to imposing California DUI penalties. If you’re sentenced for a DUI, your punishment can range anywhere from spending no time in jail to spending up to ten years in the California State Prison, depending on whether (1) it’s your first, second, or subsequent ...
No, not if it occurred within seven years of the first DUI. In Nevada, a third-time DUI is automatically prosecuted as a felony if it happened within seven years of the first DUI. It does not matter whether the previous two drunk (or drugged) driving incidents occurred in Nevada or another state. Nor does it ...