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Field Sobriety Tests in California. I can't fail!

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Anders Johnson
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They look so simple.  Easy tasks to perform.  You're sober anyway.  You can't fail the Field Sobriety tests. Wrong.  How can you fail one of the tests?  Let's look at some possibilities.

Nystagmus test:  The officer wil check your eyes.  You fail if your eyes are trembling or jerking as you follow the officer's finger or a pencil.

Standing on one leg test:  Easy, right?  The officer will look for failure such as beginning the test too early, losing count, losing your balance, falling over, or displaying poor coordination.

Walk and turn test:  Again, you fail if you start too early, step off the imaginary line, lose count, or put any space between your heel and toe.

Finger to nose test:  Close your eyes, extend your arms, and touch your nose with your finger.  You fail, obviously, if you miss your nose.  Also, you fail if you start too early, have trouble keeping balance, or have any muscle tremors.

Short of falling down, the officer will look for any failure, however insignificant.  A California DUI attorney can go through these tests at a trial to show a jury just how impossible they are.


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