Practice Areas

• Accessory After the Fact
• Arson
• Assault & Battery
• Battery on a Peace Officer
• Assault with a Firearm
• Battery
• Assault with a Deadly Weapon
• Bail Review & Reduction
• Carrying a Concealed Weapon
• Child Endangerment
• Conspiracy
• Criminal Threats
• Domestic Violence
• Driving with A Suspended License
• Drug Possession
• Marijuana Possession for Sales
• Drug Possession for Personal Use
• Drug Possession for Sale
• DUI Defense
• I've been arrested for DUI. What happens to my Driver's License?
• DUI Under 21
• The 'Rising Blood Alcohol' Defense
• Attacking the Breath Test
• The "No Driving" Defense
• I've been arrested & cited for DUI? What happens next?
• Attacking the Blood Test
• Elder Abuse
• Embezzlement
• Expungements
• Hit and Run
• Housing Violations
• Juvenile Defense
• License Defense
• Nursing License Defense
• Murder
• Police Misconduct Litigation
• Pre-Filing Investigations
• Professional & Vocational License Defense
• Prostitution
• Public Intoxication
• Sex Crimes
• Indecent Exposure
• Solicitation of Prostitution
• Rape
• Theft Charges
• Robbery
• Purse Snatching
• Burglary
• Petty Theft
• Embezzlement
• Identity Theft
• Three Strikes Law
• Vacating Convictions
• Deportable Offenses: Vacating Your Guilty Plea to Avoid Deportation
• Vandalism
• Vehicular Manslaughter
• Warrant Recall
• Weapons Charges
• Witness Intimidation

Field Sobriety Tests in California DUI Stops

When you are pulled over for suspected drunk driving or driving under the influence (DUI), it is important to know your rights. The police officers involved in the stop will try to get you to admit guilt or show your “drunkenness.”

Being armed with knowledge is an important step in proving your innocence.

When you are pulled over for suspected DUI in California, the officer will likely ask you a few questions, including “have you been drinking?” You do not have to answer anything, and politely telling the officer that you would rather not is probably your best course of action.

If the officer believes that you have been drinking, he or she will probably ask you to perform what are called field sobriety tests. These tests are designed to give a quick glimpse into whether you are drunk or not. However, these tests are also inherently flawed.

A field sobriety test includes one or more activities that supposedly measure your ability to think, speak, balance, follow directions, and interact with the officer. The tests are conducted on the side of the road, usually behind your vehicle. They are also often captured on videotape.

While the tests serve their purpose if someone is obviously inebriated, they are also flawed. They do not:

• Directly measure if you have consumed alcohol in amounts over the legal limit
• Take into account any injuries or nervousness you may have

What many people do not realize is that you can reject the field sobriety tests at no consequence to yourself. If you choose to do so, politely decline the opportunity to take the tests, instead going to the station to take a more accurate blood, urine, and/or breath test.

Declining to take the field sobriety test is probably a good idea unless you are positive you can pass easily. This will likely only be the case if you have not been drinking at all. However, if you do reject, remember to do so politely. Being rude to the police officers will do you no good at all.

If you have more questions about what to do after being pulled over for suspected DUI in California, feel free to call the Torrance criminal defense lawyers at McGregor & Ernenwein today. You can reach our offices toll free at (877) 338-4489.