You probably had to take a field sobriety test before your Los Angeles DUI arrest, and chances are you failed. Don't feel bad - almost everyone fails their field sobriety test, because they're designed to be failed. They exist solely to create probable cause for a drunk driving arrest and to gather evidence for a court case. If you "failed" your field sobriety test, you should contact a Los Angeles DUI attorney from The Kavinoky Law Firm.

Two types of field sobriety tests are used during Los Angeles DUI investigations - standardized and non-standardized. The National Highway Traffic Safety Administration (NHTSA) has standardized three field sobriety tests - the walk and turn test, the horizontal gaze nystagmus test, and the one-leg stand test.

There is another group of field sobriety tests that are so unreliable that they aren't even approved by the NHTSA. However, they are still used by police in Los Angeles DUI investigations. These include the finger-to-nose test, the Rhomberg balance test, the finger tap test, the hand pat test, the ABCs, and the numbers backward test.

Because these non-standardized field sobriety tests aren't endorsed by the NHTSA, they can be effectively challenged in court. There are several reasons why field sobriety tests can be challenged. The first is their reliance on physical agility. To understand why this is so, it's useful to understand how alcohol affects the human body.

Experts agree that individuals who drink alcohol always suffer mental impairment before any physical impairment occurs. While some individuals have a high tolerance for alcohol and can disguise physical impairment, mental impairment cannot be concealed. Therefore, if you displayed physical impairment but no mental impairment during your field sobriety test, any physical problems must have stemmed from a source other than alcohol, and a jury must acquit a driver on a charge of driving while impaired.

Physical impairment can be caused by many factors unrelated to alcohol consumption, including injury, illness, fatigue, or even nervousness. A Los Angeles DUI lawyer from The Kavinoky Law Firm will take a thorough medical history from you to determine whether any physical impairment you suffered was caused by factors other than alcohol intoxication.

Another problem with non-standardized field sobriety tests stems from their lack of objectivity. Unlike standardized field sobriety tests, non-standardized tests have no objective scoring system, so whether you "pass" or "fail" depends wholly on the officer's subjective opinion. However, this can work to your advantage, because a skilled Los Angeles DUI lawyer will aggressively grill the arresting officer during cross-examination and dilute the evidentiary power of your field sobriety test performance.

Ultimately, the results of your field sobriety test can be effectively challenged. An experienced Los Angeles DUI lawyer from The Kavinoky Law Firm has the skills needed to challenge your field sobriety test and create reasonable doubt in your guilt. Contact us today for a free consultation.