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California DUI Enforcement: What You Really Need to Know About Breathalyzers and Field Sobriety Tests

Posted by John Campanella | Apr 15, 2025 | 0 Comments

If you're driving through California and get pulled over on suspicion of drunk driving, things can get serious pretty quickly. You might be asked to walk in a straight line, stand on one leg, or follow an object with your eyes. These are known as field sobriety tests—and they play a major role in DUI investigations.

But what are they really about? How accurate are they? And do you have to take them?

Let's break it all down in plain, everyday language so you know your rights and what to expect.


What Counts as “Impaired Driving” in California?

According to the California DMV, it's illegal to drive under the influence of:

  • Alcohol

  • Marijuana

  • Prescription drugs

  • Over-the-counter meds

  • Illegal substances

Even legal medications and marijuana can land you in legal trouble if they affect your ability to drive safely.

Key takeaway: If it messes with your judgment, coordination, or reaction time—it can lead to a DUI.


How Common Are DUI Arrests in California?

Let's talk numbers for a second.
In 2023 alone, there were about 125,000 DUI-related arrests in California.

Here's what else the stats say:

  • 4,500+ crashes a year across California involve alcohol and result in fatalities or serious injuries.

  • Sacramento County ranks among the top 5 worst counties for alcohol-related deaths.

  • Los Angeles County leads with an average of 735 fatal or serious crashes per year due to DUI.

Sobering, right?


How Do Police Check If You're Drunk?

Cops don't just guess. They look for clear signs like:

  • Swerving or erratic driving

  • Slurred speech

  • Bloodshot eyes

  • Smell of alcohol

  • Trouble standing or walking

If they suspect you're under the influence, they may ask you to take field sobriety tests and possibly a breathalyzer.

These tests aren't just random—they're part of a nationwide standard created by the National Highway Traffic Safety Administration (NHTSA) to help spot drunk drivers.


What Are Field Sobriety Tests Exactly?

There are three standard field sobriety tests you need to know about:

  1. Eye Test (Horizontal Gaze Nystagmus)
    You follow a moving object with your eyes. If your eyes jerk in a certain way, it may signal intoxication.

  2. Walk-and-Turn Test
    You walk heel-to-toe along a straight line, turn, and come back the same way. Officers check your balance and if you can follow instructions.

  3. One-Leg Stand Test
    You stand on one foot while counting aloud. Sounds simple—but when you're impaired, it's not easy.

There are also non-standard tests like saying the alphabet, touching your nose with your finger, or closing your eyes and tilting your head back (Romberg test).


How Accurate Are These Tests?

They're pretty accurate, but not perfect.

According to Officer Gamble from the Sacramento Police Department:

  • The eye test alone is 88% accurate when signs of intoxication are present.

  • When all three tests are used, accuracy jumps to 91%.

Still, many legal experts say the tests can be flawed:

  • Officers might misinterpret results

  • People with injuries, disabilities, or over age 65 may struggle with the balance part—even if they're sober

Steven Rubenzer, writing in a legal science journal, called the test reliability “mediocre” and pointed out that these are the only behavioral tests that could get you arrested.


Do You Have to Take the Tests?

No, you don't.

Under California law, field sobriety tests are not mandatory. You can politely refuse, and there's no legal penalty for doing so.

But here's the catch: You can still be arrested if the officer believes there's enough evidence—like how you were driving, how you're acting, or the smell of alcohol on you.


What Happens If You Fail the Tests?

If an officer sees signs of intoxication and you fail a test (or even refuse it), they can arrest you for DUI. The arrest is based on:

  • Probable cause

  • Your driving behavior

  • Visible signs of being under the influence

And if your blood alcohol level is 0.08% or higher, that's an automatic violation for drivers 21 and older.

For those under 21, the limit is just 0.01%—basically, no drinking at all if you're underage.


What Are the Penalties for a DUI in California?

Getting caught drunk driving can seriously mess up your life.

Here's what you could be facing for a first-time DUI:

  • Around $13,500 in fines, court costs, and penalties

  • A suspended driver's license

  • Possible jail time or DUI school

  • A criminal record that sticks

And if you're a repeat offender or cause injury or death, things get a lot worse—like longer license suspension, higher fines, and mandatory jail time.


Need Help? Know Your Rights

If you or someone you know is facing a DUI charge in Sacramento, a solid legal defense is a must.

Check out the Law Office of John Campanella—they specialize in DUI defense and know the ins and outs of California DUI laws.


✅ Final Takeaway

Getting pulled over in California for suspected DUI is serious, and field sobriety tests are just one piece of the puzzle. Here's what you need to remember:

  • You can legally refuse field sobriety tests

  • The tests aren't 100% reliable

  • Officers can still arrest you based on what they observe

  • DUI charges carry major financial and legal consequences

Stay informed. Know your rights. And if you drink—don't drive.

About the Author

John Campanella
John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I am active member of the National College of DUI Defense, a member of California DUI Lawyers Association, I am certified by the National Highway and Traffic Association for the administration of Field Sobriety Tests. I regularly attend DUI continuing education of the Bar, have tried over 35 Jury Trials, hundreds of pretrial motions and over 1000 DMV hearings all relating to DUI cases.

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