Does a Failed Sobriety Test Guarantee a Conviction?

Posted on Nov 30, 2012 2:25pm PST

When an individual is pulled over for a suspected DUI, the officer will often subject him/her to a field sobriety test or breath test if the officer has reason to believe the driver is under the influence of drugs or alcohol. The National Highway Traffic Safety Administration (NHTSA) has established three standardized tests to help law enforcement determine whether or not an individual is intoxicated: the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test. These tests are designed to gauge motor skills, attention span and concentration levels, however they are subjective tests and are passed or failed based on the subjectivity of the officer. The breath test, which is commonly done using a mobile breathalyzer machine, is designed to gauge a person's blood alcohol concentration (BAC), as the legal limit in California is 0.08%.

While a failed sobriety or breath test will get you arrested, it does not guarantee a conviction. There are many different reasons field sobriety tests and breath tests could present a false positive. For example, exhaustion may have had an effect on your ability to stay alert and drive responsibly. The arresting officer may have improperly administered the tests, thus invalidating their results. The breathalyzer may have been improperly calibrated, and changes in the environment or temperature can impact test results.

That is why it is extremely important, if you or a loved one has been arrested for DUI, for you to contact a criminal defense lawyer at Ridley Defense immediately. Our firm understands the impact a DUI conviction can have on a person's reputation, their career, their family and their future. Our lead attorney is a former deputy district attorney, so we have the advantage of knowing how the prosecution thinks and operates, thus allowing us to build you a solid criminal defense. With over 13 years experience representing all manner of criminal defense and DUI cases, our firm stands ready to provide you with the legal guidance and aggressive representation you deserve.

Contact a Ventura criminal defense attorney at our firm today in order to schedule your confidential consultation and review of the charges against you.

Categories: Criminal Defense