Justia Lawyer Rating
badge - California DUI Lawyers Association
badge - California Public Defenders Association
badge - Sacramento County Bar Association
badge - The State Bar of California
badge - United States Court of Appeals, Ninth Circuit

Interrogation Preceding Field Sobriety Tests

DUI car keysYour Sacramento DUI attorney will check that before the field sobriety test, you underwent a proper police interrogation, which ensures that the officer was able to rule out certain conditions that may affect the test.

As your Sacramento DUI attorney will explain, all field sobriety tests will typically be conducted following an interrogation of the person to be tested. The interrogation itself is essentially a test which will be used by the officer to look for “objective” signs of intoxication, such as the odor of alcohol or slurred speech.

The police will ask you questions before the field sobriety test to discover the following factors.

Preexisting Conditions

The police will question you before administering the field sobriety test to make sure that you do not have any preexisting physical impairments that would influence a given field sobriety test.

Thus, if the interrogation reveals that you have bad knees, the officer will not make you take field sobriety tests requiring balancing on the legs.

Mental Conditions

The police can also establish any signs of mental impairment from alcohol by asking you to tell him what the current date and time is or asking if you understand why you were stopped.

Divided Attention Ability

Divided attention is the process used by the brain to perform at least two tasks simultaneously. Because alcohol consumption complicates this process, divided attention tasks can be relied upon to reveal some reduction in ability (without driving impairment) at very low levels.

The officers will use divided attention tests to evaluate your ability to perform the mental and physical multitasking necessary to operate an automobile.

Tests that Measure Divided Attention

A number of field sobriety tests will evaluate the driver’s divided attention by having the subject to engage in multiple tasks at once. Here are some examples:

  • To perform the walk-and-turn test, you must engage in a difficult physical task while following compound instructions.
  • To perform the one-leg stand test, you must balance yourself on one foot while counting verbally in thousands.

The interrogation may also use three questioning techniques to search for divided attention:

  1. Asking for two things at once, such as for both a driver’s license and the car registration.
  2. Asking questions intended to interrupt or distract.
  3. Asking strange questions.

Your Sacramento DUI attorney will make sure that the police did not overstep their authority in asking you questions or performing field sobriety tests.

Contact Us

Sacramento DUI attorney Param Pabla has the legal knowledge and experience to obtain your acquittal in your DUI case. Call today at (916) 285-7900 for an initial consultation.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie