DUI - San Diego California - DMV

Article Posted with Author's Permission


The below article written about SFTS is posted exactly as written. Some or all of the things in this article may or may not be applicable to your case and I may or may not agree with this officer's opinion.


Have you ever been sitting around with a buddy talking about things, when the next thing you know you're talking about the time you got stopped and were given a Field Sobriety Test? Before long, somebody in that conversation will say, "I passed the tests with flying colors, but got arrested anyway." I don't know about you, but I've heard it many times. The purpose of this article is to give you a little bit of information. Here are some things you should know about Field Sobriety Tests.

Field Sobriety Tests (FSTs) were developed informally by police officers in the field who knew from experience that when someone was drunk, or had been drinking, their bodies didn't function normally. However, for a long time the reliability of the tests was not really known. Starting in 1977 the National Highway Traffic and Safety Administration (NHTSA) conducted a couple of studies. Those studies showed that the particular list of tests they used and were common in the field, proved to have a reliability ranged from 65 to 80 percent.

In recent years, the Preliminary Alcohol Screening (PAS) Device was added to the battery of tests given in the field. The PAS is a portable handheld breath test, which gives an objective reading of the blood-alcohol level. For the first time, this gave the officer an objective chemical test that proved to be far more accurate. However, like all of the FST's, taking the PAS is voluntary.

The Field Sobriety Tests (other than the PAS) is a bit misunderstood by lay folk. You would think that if the word "test" is part of the title, then you'd have to either pass or fail it - wrong. The Field Sobriety Test is simply a way of being able to see the affect of alcohol on the human body.

There are other factors that will affect balance, coordination, dexterity, even what your breath smells like; however, police officers are trained to look at the totality of the symptoms. Most police agencies have their own style; whereas the particular tests may vary from agency to agency, what the tests show is the same. For the purpose of this article, rather than discuss what the tests are, I'll talk about what they are meant to show.

Alcohol is a depressant on the human system. This is easy to understand when you think about the drunk sleeping on the sidewalk or in his car. The human body is affected by alcohol: it affects balance, mental process, coordination and judgment. The higher the level of alcohol is, the greater the affect on the body. The purpose of any field sobriety test is to not only observe the affect, but provide tangible markers that can easily be recorded for others to see as well.

It is easy to see when a person's balance is impaired, but the officer is also interested in coordination, dexterity, small motor or muscle skills and judgment, both physical and mental, many of the same skills necessary to operate a vehicle.

Tests are always explained and usually demonstrated. In addition, the officer may say something like, "Don't begin the test until I have fully explained it." Many times intoxicated people will begin prior to the officer completing his explanation. That failure to wait will usually show up on the report. It demonstrates an inability to follow directions, poor mental judgment. When the officer shows how the test is to be performed, he will instruct the person to follow the directions carefully and perform the test just as he/she demonstrated it. The officer watches to see if the instructions can be followed, and when they are not, that is recorded on the report.

Not only is the officer looking for impaired mental judgment, his also looking for judgment of distance. The Finger To Nose test is a good example. Failure to touch the tip of the finger to the tip of the nose may involve impairment of a person's ability to judge distance.

In the Finger To Nose test alone, the officer could see balance impairment, judgment difficulties, lack of coordination and eyelid tremors, all signs of intoxication.

Each one of the tests given is multi-faceted showing different symptoms of intoxication. All of these tests can be practiced, but alcohol has an affect on the body that cannot be easily masked or controlled, therefore, if you have been drinking, it will show up.

The FSTs are not fool-proof; however, with the addition of the Preliminary Alcohol Screening Device, they are getting much better.

If you drink, be responsible. Don't go anywhere or have a designated driver. Remember, the first thing that is affected by your drinking is your judgment. Make good decisions before you start so you don't make bad decisions later.

Greg Cantor Retired La Mesa Police Sergeant

AMAZING result!!!!!. I made the right choice in choosing Mike Richmond and his team for representing me in my DUI case. A DUI charge can devastate your life, and should not be taken lightly. I was facing the prospect of having a DUI on my record as was getting ready to finish years of graduate and doctoral studies. Having a DUI on my record would have hurt my chances of being hired, thus ruining my life. Not to mention license suspensions, SR22 filing, classes, etc. Mike and his team always took the time, and made extra time, to listen to me and make sure that the facts of my case were scrutinized. They also took the time to explain to me what was happening through every stage of this very complicated process. Mike’s approach is very straightforward and honest, and his team is compassionate and understanding. Thank you, thank you, THANK YOU.

Steve A. (08/26/08) To everyone at the Law Offices of Michael Richmond,

I am tremendously pleased that you were able to attain the fantastic results in my case. I shopped around for an attorney, and upon the recommendation of a friend, I chose your firm. I would like to thank each and every person in the firm for the total, unwavering dedication and work in my case. I will unhesitatingly recommend your office to anyone who asks.

G.H. (USN, Ret.) (08/13/08) I am amazed at where we ended up as compared to where we started. I honestly thought I was #!*!@*, but much to my surprise you and your staff were able to get my charges dismissed. Awesome result.Thanks to you and your staff! From inital contact, to closing my case, you and your staff were great! Many Thanks.

Ed C. (07/22/08) I can not thank you enough for all of your help with my DUI. The result you were able to achieve without the un-necessary expense of trial is simply outstanding. Please accept my sincerest thanks.

P.H. Hi Michael,

I wanted to take the time to say thank you very much for all of your hard work. It is because of your expertise, determination, and experience that the DMV through out my DUI case. I recommend your attorney services to anyone who wants the absolute best representation. Thank you.

Richard G (05/18/07) Dear Michael Richmond and Staff,

First of all, I would like to thank everyone in your office for being more than helpful in answering my questions and concerns pending my case. Your efforts to provide me the answers were usually that very same day, if not early the next morning. Your exceptional communication with my family and I has helped to ease our minds during this troubling time, which is very much appreciated and should not go unnoticed. By providing me information on the day of my hearings let me know that you and your staff take every case very personally as if it was your own. The knowledge of your staff has been encouraging since day one. I am very grateful to have hired your law office in my time of need. I cannot say it enough, but Thank You!!!

Sincerely,
Steven W. (07/16/08) Mike,

I can not thank you enough for everything you have done for me. I am so pleased I can not tell you enough.

H.D. (02/22/08) Mike,

I wanted to take a moment and thank you for the help with my DUI case. For as much trouble I thought I was in, you helped me out a lot with handling my case. I recommend to any one that might unfortunately get a DUI, use Law offices of Michael A. Richmond. He is very informative, helpful and handles it. Sincerely,

S. C.