Things To Know When Facing A DUI Trial: Pre-Arrest Procedures and Field Sobriety Tests
A DUI conviction can come with serious consequences, including fines, loss of license, and potentially jail time. Because of the seriousness of the charges and consequences, it is important to be aware of what happens prior to the arrest.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
What is a Field Sobriety Test (FST)?
If you or a loved one are facing DUI charges, then you’re likely familiar with the phrase “field sobriety test” (FST). FSTs are commonly performed during a traffic stop when the police officer suspects the driver is intoxicated. FSTs are standardized exercises administered by law enforcement officers to assess whether a driver is impaired by alcohol or drugs.
Pre-FST Considerations: Your Rights During Traffic Stops
Before field sobriety tests are administered, it's important to understand that a routine traffic stop, while constituting a detention, is not equivalent to a formal arrest. During this phase, officers do not need to provide Miranda warnings. Police must give Miranda warnings before conducting a custodial interrogation. These warnings inform suspects of their Fifth Amendment right against self-incrimination and their right to an attorney. The US Supreme Court has characterized these stops as similar to Terry stops, which allow police to briefly question individuals when they have reasonable suspicion of criminal activity.
Officers may ask a suspect a moderate number of questions to determine their identity and gather information that either confirms or dispels their suspicions. However, any detention and questioning must be reasonably related in scope to the justification for the initial stop. This means officers cannot indefinitely detain a suspect or ask questions unrelated to the traffic violation or suspected impairment.
FST Administration
The administration of field sobriety tests involves specific protocols that officers must follow. Typically, an officer will provide instructions on how the test will be performed. Courts have generally held that these instructions are not likely to be perceived as calling for verbal responses (except for counting requests) and therefore do not constitute custodial interrogation requiring Miranda warnings.
The key legal principle here is that the physical performance of these tests, rather than verbal responses, provides the primary evidence of impairment. However, any statements made during or after the tests can potentially be used against the suspect in court.
Evidence obtained through observing physical exercises during field sobriety tests generally does not fall within Fifth Amendment privilege against self-incrimination protection. Courts have ruled that suspects are not entitled to consult with an attorney before determining whether to submit to field sobriety tests. However, Fourth Amendment protections still apply. The initial stop must be justified by reasonable suspicion, and the scope of the detention must remain reasonable. Any evidence obtained through an unlawful stop or detention may be subject to suppression.
Important Things to Remember During a DUI Stop
If you're pulled over on suspicion of DUI, remember these crucial points:
Stay calm and be respectful. Hostile behavior can escalate the situation and potentially be used against you later.
Be aware that everything is likely being recorded. Most police vehicles have dashboard cameras, and officers may wear body cameras.
Limit your responses. You're required to provide identification and vehicle documentation, but you're not obligated to answer questions about where you've been or whether you've been drinking.
Request an attorney immediately if you're arrested. This is your constitutional right and can significantly impact your case's outcome.
How Wallin & Klarich Can Help
Navigating DUI charges involving field sobriety tests requires experienced legal representation. Our criminal defense team understands the complexities of FST evidence, constitutional protections, and procedural requirements that officers must follow.
We thoroughly examine every aspect of your case, from the initial traffic stop's legality to the proper administration of field sobriety tests. Our attorneys can identify constitutional violations, challenge improperly administered tests, and work to suppress evidence obtained unlawfully.
If you're facing DUI charges involving field sobriety tests, don't navigate this complex legal landscape alone. Contact Wallin & Klarich today for a consultation. We'll protect your rights and fight for the best possible outcome in your case.
Contact Wallin & Klarich Today
If you are facing DUI charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.