In the first part of this test the suspect is instructed to stand heel-to-toe with their arms at their side while listening to the instructions. Then, the person is instructed to walk nine steps heel-to-toe along a straight line

(real or imaginary), turn in a specific three-step manner, and take nine steps heel-to toe back to the starting position. The suspect is told to count the steps out loud, keep their arms at their side, and look at their

feet while walking.

While the suspect performs the test, the officer is watching for eight clues: 1) Maintain balance while listening to instructions; 2) Start too soon; 3) Stops while walking; 4) Doesn’t touch heel-to-toe; 5) Steps off line; 6) Uses arms to balance; 7) Loses balance on turn or turns incorrectly; and 8) Takes the wrong number of steps. The theory is that the more “clues” that are present, the more the person impaired by alcohol or drugs.

However, an Orange County DUI lawyer will point out that many people simply don’t have good balance to start with. And unless the officer knows what your balance is like when you have no alcohol in your system it simply isn’t possible to know whether alcohol has impaired your balance. Also, the test is not valid unless performed on a smooth, level surface free of debris. And if the officer asks you to perform the test on an imaginary line it is impossible for him to say that you stepped off the line because only you know where the line is.

This test must be performed on a smooth, flat surface. The suspect is told to stand on one leg while extending the other leg in front of them. They must hold their foot about six inches off the ground and, while looking at their foot, count out loud to 30. The officer looks for four specific clues to impairment. 1) Swaying; 2) Using arms to balance; 3) Hopping; and 4) Putting the foot down.

This FST is designed to test your divided attention–your attention being divided between balancing and counting out loud. Again, the more clues the officer sees the greater the assumption of alcohol impairment.

“Poor performance” on any of the field sobriety tests, whether standardized or non-standardized, can often be explained or neutralized by a skilled, experienced DUI lawyer. Moreover, the unreliability and arbitrary nature of the tests can be exposed by an attorney familiar with the science and studies dealing with these tests.

These three “standardized” field sobriety tests are considered by NHTSA to be reliable if a specific set of instructions are given and they are graded by designated criteria. Despite NHTSA’s mandate that only the three tests are reliable enough to be used, California police agencies, including the Irvine police department, continue to use other “non-standardized” tests, such as the Rhomberg test (tilt your head back, close your eyes, and estimate 30 seconds), the Finger-to-Nose test, the Hand-Pat test, the Finger-Tap test and reciting the alphabet.

The police officer’s report almost always indicates poor performance on whatever field sobriety tests the arrestee has performed. Remember, the police officer usually writes his report after he has made the decision to arrest you and the report must justify his decision to make an arrest. A skilled Orange County DUI lawyer can often completely discredit the FST’s by exposing their unreliable, subjective nature. Your DUI lawyer will show that the officer didn’t include in his report all the things that you did correctly. Also, many police officers don’t give the instructions properly or aren’t even qualified to grade the FST’s.

Often, the most damaging field sobriety test is the voluntary breath test that you were asked to take before you were arrested. Although California law specifically requires the police officer to tell you that this test is voluntary and you have the right to refuse it, the police often don’t follow this law. This “voluntary” breath test, often called a Preliminary Alcohol Screening test or “PAS” can often be successfully challenged and suppressed by a skillful DUI lawyer. Police officers tend to be sloppy when administering this test and don’t follow Title 17 of the California Code of Regulations which gives precise instructions on how this test must be given.