Roadside DUI Tests - Eye Tests and Balance Tests
In the state of Utah, a DUI may be proven in two ways. First, the state may show evidence that a driver is over the legal limit of .08 blood alcohol content (BAC). Second, the state may show evidence that the driver was impaired to the point that they were incapable of driving safely.
Police know that blood, breath and urine tests may be challenged on procedural or scientific grounds. As a second form of evidence, they perform roadside tests, sometimes called field sobriety tests. Some of these tests may include:
- Horizontal gaze test: They shine a light in your eyes to look for signs of intoxication.
- One leg stand: They ask you to stand on one leg and assess your balance.
- Walk and turn: You walk nine steps, turn, and walk another nine steps back. This tests your ability to walk and balance your body.
In the state of Utah, you have no legal obligation to take any of these tests. You have a duty to provide identification if asked, but you do not have to answer questions or submit to a field sobriety test. You may not lose your license for a refusal to take a field sobriety test. However, you may lose your license for a refusal to take a blood, breath or urine test.
If You Have Been Arrested for DUI
If you have been charged with drinking and driving in Utah, contact the experienced DUI defense lawyers at The Law Office of Harold W. Stone, III. We have defended hundreds of clients charged with drinking and driving. We handle first offenses, felony DUI, underage DUI and other all other alcohol related driving offenses.
Our approach is simple: We aggressively defend each client and work diligently to pursue the best possible result for each client we serve. Our goal in each case is to see our clients walk away free with no criminal conviction. We will aggressively defend your driver's license as well at your driver's license hearing and in your criminal proceedings.
We Attack the Validity of Roadside Tests
Roadside field sobriety tests must be performed in accordance with strict police procedure. These tests are standardized, so they should be done the same each and every time. We will challenge the results of any roadside test and seek to have it thrown out or discredited if the police have not followed proper procedure. Our attorney team includes a former police officer and DUI investigator, so we know how these tests must be performed.
Contact Us
If you have been charged with DUI, contact us . To schedule a free consultation with a Salt Lake City defense attorney at our firm, call 801-352-9331.
