Overview of DUI Sobriety Tests

Knowledgeable Bakersfield DUI Attorney

If you have failed a sobriety test, do not take this as an indication that you will be convicted of drunk driving and do not assume that it will be undeniable evidence that can be used against you in court. In fact, as skilled and knowledgeable Bakersfield DUI lawyers, we know how to challenge the results of a sobriety test or chemical test even if the test was failed or the result was above the legal limit of 0.08%.

Are sobriety test results reliable?

Unlike blood tests for example, field sobriety tests are subject to the opinion of the officer who arrested you. If the officer had a predisposition or arrested you on unfounded evidence, this is a severe act of professional - and legal - misconduct that may be used to your advantage as part of your defense.

Even blood tests, however, can be unreliable if improperly administered or handled. We work hard to establish the unreliability of sobriety test results so that you can move forward after an arrest with your rights, reputation, and freedom still about you.

Common defenses to a failed sobriety test can include the following:

  • Unreliable findings
  • Physical or mental impairments that may have caused incriminating test results
  • Officer movement or inattention
  • Unsuitable attire that caused inability to move properly
  • Improper timing of the result
  • Unfair environmental conditions, including weather or time of day or poor lighting
  • Non-standardized testing
  • Non-alcohol related causes for coordination failures
  • Incorrect, unclear, or vague instructions

It is against the law in California to refuse a sobriety test or participation in a chemical test. You should always remain cooperative with a law enforcement officer; however, you also have certain legal rights after being arrested for failing or refusing a test. Too often, police officers make hurried arrests based on faulty evidence, and we are dedicated to making certain that our clients do not fall victim to an erroneous arrest.

Exercise your right to hire a Bakersfield lawyer - Call us at 661-322-5833!

One of your most important rights includes your right to legal counsel from a qualified professional who is dedicated to your defense. Don't try to take on the criminal justice system on your own!

With The Law Offices of Joe W. Whittington, you can increase your chances of securing a favorable result. We know this time does not seem easy, but with the right California DUI attorney on your side, you can rest assured knowing that your best interests are in the hands of a qualified professional.

Call our firm today to schedule your free case consultation .

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.




*'Success' means that the original violation that the officer or district attorney charged our client with was dismissed. In many cases the charge(s) were dismissed altogether. In other cases our clients were found not guilty after trial. In other cases our clients pled to lesser offenses, usually with "0" point resolutions.

The Law Offices of Joe W. Whittington - Criminal Defense Lawyer in Bakersfield
Located at 1706 Chester Ave, Suite 304 Bakersfield, CA 93301.
Phone: (661) 322-5833
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