
When it comes to the field sobriety test vs. breathalyzer, it is important to understand how each test works and how they can affect your DUI (driving under the influence) case.
In California, law enforcement officers can use these tests during DUI stops to check if a driver is under the influence of alcohol or drugs.
However, both tests have key differences, and understanding what those differences are can help protect your rights. A DUI lawyer in Los Angeles can explain how these tests apply to your case and build a strong defense if you are facing a DUI charge.
What Is a Field Sobriety Test?
A field sobriety test (FST) is a series of physical and mental tasks that police officers use to check for signs of impairment. Common field sobriety tests include:
- Horizontal gaze nystagmus (HGN) test: The officer asks you to follow a moving object with your eyes. Jerky eye movements can indicate intoxication.
- Walk-and-turn test: You walk heel-to-toe in a straight line, turn, and walk back. Trouble balancing or following instructions may suggest impairment.
- One-leg stand test: You must balance on one foot while counting out loud. Swaying, hopping, or putting your foot down can be seen as signs of being under the influence.
These tests rely on the officer’s judgment and are not always accurate. Health issues, nervousness, or uneven ground can affect performance. Failing a field sobriety test does not automatically mean you are guilty of a drunken driving offense.
What Is a Breathalyzer Test?
A breathalyzer is a device that measures the amount of alcohol in your breath to estimate your blood alcohol concentration (BAC). In California, the legal BAC limit is:
- 0.08% for drivers age 21 and older
- 0.01% for drivers under age 21
- 0.04% for commercial drivers
Police may use a preliminary alcohol screening (PAS) device during a DUI stop, but this is optional for most drivers unless they are under 21 years old or on DUI probation.
After an arrest, drivers are legally required to take a chemical test (breath or blood) under California’s implied consent law (California Vehicle Code § 23612). Refusing this test can lead to license suspension and other penalties.
Key Differences Between Field Sobriety Tests vs. Breathalyzers
Not all DUI tests are the same. Field sobriety tests and breathalyzers differ in how they measure impairment, how accurate they are, and what happens if you refuse them. Knowing these differences can help you protect your rights.
- Purpose: Field sobriety tests check for signs of impairment, while a breathalyzer gives a BAC reading.
- Accuracy: Breathalyzers are generally more reliable than field sobriety tests, which are based on observation.
- Legal requirement: Field sobriety tests are optional for most drivers in California. Breathalyzer tests after an arrest are mandatory under implied consent laws.
- Consequences of refusal: You can legally refuse a field sobriety test without automatic penalties. In California, refusing a breathalyzer test after arrest can result in harsh penalties, including license suspension.
How Law Enforcement Officials Decide Which DUI Test to Use
Police officers use their judgment to decide whether to give a field sobriety test, a breathalyzer, or both during a DUI stop. Some factors that influence their decision include:
- The motorist‘s driving behavior: Swerving, speeding, or breaking traffic laws
- Physical appearance: Bloodshot eyes, slurred speech, or the smell of alcohol
- Responses to questions: Nervousness or confusion when answering basic questions
Understanding why an officer chose a specific test can be important in building a defense. A Los Angeles DUI lawyer can evaluate whether the decision to administer a test was justified.
Get Legal Help After Taking a Field Sobriety Test or Breathalyzer Test
If you have been arrested on DUI charges after taking a field sobriety test or breathalyzer in California, a DUI lawyer will:
- Challenge the test results: Breathalyzers and field sobriety tests can both produce flawed results. An attorney will review how the tests were given and whether the equipment was properly maintained.
- Protect your rights: Officers must follow strict rules during DUI stops. If they violated your rights, a lawyer can fight to have evidence thrown out.
- Negotiate penalties: Your attorney may be able to reduce your charges or penalties through negotiation.
- Defend you in court: If your case goes to trial, an experienced DUI lawyer will build your defense.
Getting Legal Help for a Field Sobriety Test or Breathalyzer Issue
You should get help from a DUI attorney immediately if:
- You were arrested after refusing or failing a breathalyzer or field sobriety test
- You believe the officer did not follow proper testing procedures
- You are facing license suspension or other serious DUI penalties
- You want to fight the DUI charges or seek a plea deal
You may want to consider seeking legal representation to protect your name, reputation, and future. DUI convictions in California can lead to serious consequences, including:
- License suspension or revocation
- Expensive fines and court fees
- Jail time or probation
- Mandatory DUI classes
- Increased insurance rates
No matter what consequences you’re facing, a Los Angeles DUI lawyer will fight for the outcome that protects you from the most severe penalties. They will aim to minimize the effects of your situation on your life and help you move forward with confidence.
Arrested on a DUI Charge After a Field Sobriety Test or Breathalyzer Test? Get Legal Help
If you were arrested in connection with a DUI after a field sobriety test or breathalyzer test, you could be facing serious legal challenges. Time is critical after a DUI arrest, so reach out for legal help now.
At Los Angeles DUI Lawyer, we can connect you with an attorney who will advise you on your next steps and guide you throughout your case. Call for a free consultation and let us connect you with an attorney who will start working on defending your future.