Arrested for a second DUI...field sobriety tests and the standard. He had reasonable suspicion to stop me...

since I drove threw a stop sign without stopping at all....I was arrested for a second dui...admitted to drinking a beer 6 hours prior (I shouldn't have)...officer gave me three tests....2 of them I passed with ease.....the third was difficult...he required me to stand on one leg...other foot six inches off of the ground...the tricky part came when he told me to look up, close my eyes, and county to 30. Looking up and closing my eyes? Cmon. I know these tests are setup for failure...but that third test, thereafter an arrest, is not apart of the national highway traffic safety institute uniform field soberity tests...doesn't make sense. Regardless if he smelt alcohol...as he says he did...the sense of smell is not an accurate measure of DUI over .08...maybe DUI..but not DUI over .08.

Los Angeles, CA -

Attorney Answers (6)

Mark K Rosenfeld

Mark K Rosenfeld

DUI / DWI Attorney - Beverly Hills, CA
Answered

Running a stop sign is a reason to stop you. Don't evaluate your own SFST's. Get a lawyer to help you with the DMV and court.

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
Douglas Holbrook

Douglas Holbrook

Criminal Defense Attorney - San Diego, CA
Answered

You are correct that neither the Field Tests nor the sense of smell is an accurate measure of the per cent of alcohol. But along with the driving through the stop sign, they are all supportive of probable cause.

Matthew Murillo

Matthew Murillo

DUI / DWI Attorney - Redlands, CA
Answered

Running a stop sign is reason enough for a lawful contact. That doesnt mean, however, that it is enough for a lawful arrest. You are correct, the "count to 30" test is not a Standardized test by NHTSA. However, that doesnt mean an officer can't use it. There are several that are not standardized, but still used by officers in the field.

As you stated, these tests are set-up for failure. Just because you think you passed two fo them without issue, doesnt mean thats how it will be recorded in the report. Let an attorney interpret them and conduct the necessary investigation in order to start building your defense.

If you have not already done so, you should request a DMV hearing within 10 days from the date of arrest in order to avoid the much lengthier suspension associated with a 2d DUI. You must do so within 10 days from the date of arrest. After that, if you have time to do so prior to that, contact a DUI attorney to discuss the case and see if they can represent you. Feel free to call me if you want to discuss your case further.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
Oscar Rene Gutierrez

Oscar Rene Gutierrez

DUI / DWI Attorney - Los Angeles, CA
Answered

As you admitted, the officer had a reason for the stop - you ran through the "stop sign without stopping at all." You then admitted to drinking alcohol and the officer smelled it on you, so he arguably had two reasons to administer the FSTs.

As my colleagues have noted, some FSTs are scientifically validated, when others are not. Officers are trained to look for clues when administering the FSTs. As such, just because you feel you "passed" the FST, does not mean that you did or did not demonstrate "signs" of impairment. You should bring the police report in to an attorney to determine if in fact the officer did note any objective signs of impairment that you may have demonstrated when you were performing the FSTs.

You are correct in that smell of alcohol is not indicative of whether or not someone is truly a .08 or above.

Overall, you should contact an attorney immediately, especially since this is your second time arrested for a DUI and you could be facing severe penalties, both with the DMV and the Court.

The information above is not intended as legal advice or to create an attorney-client relationship between you and... more
Michael Korry Bialys

Michael Korry Bialys

Criminal Defense Attorney - Newbury Park, CA
Answered

Did he ever administer a breath testv in the field

Maltaise E Cini

Maltaise E Cini

DUI / DWI Attorney - Newport Beach, CA
Answered

You want to make sure that you request a DMV hearing within 10 days from the date of arrest. The DMV hearing is separate from the court proceedings.

Given that this is your second DUI you should hire an attorney. The consequences for a 2nd time DUI are more serious than a first.

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