DUI Field Sobriety Tests: You Have The Right NOT To Incriminate Yourself

Law Offices of EJ Stopyro
Orange County DrunkDriving Lawyers
DUI Attorney in Orange County

Although Field Sobriety Tests are completely VOLUNTARY, most people who are stopped by the police or highway patrol submit to the request to perform these tests. The field sobriety tests used by most California law enforcement agencies include the walk-and-turn test, the horizontal gaze nystagmus test (following an object with your eyes), the one-leg stand test and the Rhomberg test.

The results of the field sobriety tests are often the primary piece of evidence used against you to prove a violation of California Vehicle Code Section 23152(a), driving under the influence of alcohol. This is especially true where the blood-alcohol is very close to the legal limit.

The Rhomberg test is performed by standing with your feet together, arms at your side, eyes closed, and head tilted back as if you were looking at the sky. The object of the test is to estimate the passage of 30 seconds while you remain balanced. Because alcohol is a central nervous system depressant, it tends to slow down a person’s reactions as well as their sense of time. So, the theory goes, that the more impaired by alcohol you are, the more inaccurate your estimation of 30 seconds will be. And since alcohol is a depressant, you will think 30 seconds will have passed when, in fact, more than 30 seconds will have actually passed. So, for instance, if you are impaired by alcohol, then you may estimate 30 seconds has passed when in fact perhaps 35 or 40 seconds has really elapsed.  

The Rhomberg test is very popular with law enforcement and is part of the vast majority of DUI investigations. However the California Court of Appeal ruled on April 19, 2012, in the case of People v. Bejasa that it violates a person’s 5^th Amendment right to not incriminate themselves to make them estimate the passage of 30 seconds and then COMMUNICATE this estimate to the police. In order for the estimate of 30 seconds to be used against someone the police must FIRST read the person their Miranda rights—which police never do before an arrest. 

If you have been arrested for drunk driving call the LawOffices of EJ Stopyro today at (949) 559-5500 for a free and confidential telephonic consultation with an experienced Orange County DUI attorney.

Law Offices of EJ Stoyro
Orange County DUILawyers
Drunk Driving Attorney in Orange County