Los Angeles, CA asked in DUI / DWI for California

Q: Is any officer who stops you able to do a field sobriety test, or do they have to be certified first?

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2 Lawyer Answers
William C. Head
William C. Head
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Sandy Springs, GA

A: State police training laws control that, but any officer CAN ask person to try to do anything, but 100% of all roadside tests are VOLUNTARY, OPTIONAL and not required. If suspected of DUI, I recommend NEVER attempting ANY roadside tests of any type. They are not SCIENTIFIC, and are prone to a multitude of errors and false positive readings (meaning the officer THINKS it is an arrest decision, and the person is under the legal limit.

In most states, non-standardized field sobriety tests CANNOT be presented as "scored" evaluations. The officer is limited to say what he asked the person to do, and then explain how the person performed or failed to perform, as directed.

http://www.bubbahead.com/field-sobriety-test-myths-dui-in-georgia-sobriety-test-nhtsa-impairment.html

William Head

Atlanta GA

Vincent John Tucci
Vincent John Tucci
Answered
  • DUI & DWI Lawyer
  • Irvine, CA
  • Licensed in California

A: The issue for you isn't the certification of the officer. The issue is that field sobriety tests, unless you've been ordered otherwise while on probation, are completely voluntary. That being said you have NO obligation to try to attempt these roadside agility tests. You didn't have to do these tests to get your driver's license when you applied at the DMV and you don't have to do these tests to maintain your driving privilege. Like Nancy Reagan used to say...Just say no.

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