DUI Defense Attorney in San Jose

Failed a field sobriety test?

Field sobriety tests are intended to determine a driver's level of impairment. Unfortunately, they are often improperly administered and yield incorrect results. If you believe a field sobriety test may have falsely led to your being charged with DUI, you are urged to immediately contact a practiced attorney for aggressive legal defense. At The Law Offices of Adam Allen Arant, Esq., our San Jose DUI lawyer has substantial experience investigating and putting into question field sobriety testing evidence.

Three Ways to Determine Sobriety

There are three main field sobriety tests:

  • The horizontal gaze nystagmus test (HGN): The HGN test observes an individual's ability to follow a moving object with their eyes.
  • The walk and turn, or divided attention test: Suspects must walk in a straight line, heel to toe, for 9 steps, then turn and walk back in the same manner.
  • The one-leg stand: An officer will instruct the driver to stand at least six inches up from the ground, while resting one's body weight on the other foot. The drier must also count out loud by the thousands (e.g., One thousand-one, one thousand-two, etc.), until told to put their foot down. This is a 30 second test.

Our firm is very familiar with the various weaknesses of field sobriety tests. For example, officers must be accredited to perform them and follow strict guidelines during the process. Any deviation from those guidelines can potentially result in incorrect conclusions.

Did you refuse to take a sobriety test after being pulled over for a DUI?

One of the rights drivers have is to refuse to take a field sobriety test, as these tests are not required under California law. There is, however, a law in California that requires drivers to submit to chemical tests (or breath tests, blood tests and urine tests) upon a lawful DUI arrest. Because of this law (known as the "implied consent" law), a person who refuses to take a chemical test can end up suffering from certain penalties.

Penalties for Refusing to Take a Chemical Test

Refusing to take a breath, blood or urine test after being arrested for alleged DUI can result in the following penalties:

  • One-year driver's license suspension
  • At least nine months of participation in a DUI program (as opposed to a minimum of three months)
  • A mandatory minimum of two days in jail

Furthermore, DUI defendants who have refused to take chemical tests receive heightened consideration by the court for the required use of an ignition interlock device. Penalties for chemical test refusals are significant because they are oftentimes harsher than what a driver would have received for a failed breath or blood test.

Dedicated Legal Assistance

At times, perfectly sober individuals fail the tests due to their health, age, weight, illness, anxiety, or other reasons. If you have failed a field sobriety test, we will tirelessly pursue a fair and just outcome for you. Our San Jose DUI defense attorneys are committed to providing knowledgeable, aggressive criminal defense for our clients. Call us today for a private consultation or fill out our free case evaluation form. This will help us better understand your situation and how we can help.

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