ABC Test
Drivers suspected of driving under the influence in California often take the ABC Test or another field sobriety test before being arrested. Drivers often hope that passing this “test” will help them avoid a drunk driving arrest, but unfortunately it serves only to justify an arrest and generate evidence for a court case. However, field sobriety test evidence such as the ABC Test can be aggressively challenged. A skilled California DUI lawyer from The Kavinoky Law Firm can challenge the results of the ABC Test as part of a strategic defense plan.
When administering the ABC Test, a police officer directs the driver to write or recite the alphabet while standing with feet together and arms down. While the test is in progress, the officer is watching for signs of intoxication that include starting the test too soon, an inability to follow directions, slurred speech, or an inability to write or recite the alphabet correctly.
Police and prosecutors may believe that this test is valid because, after all, everyone knows their ABCs, but in reality, anyone would be nervous after being forced from a car along a busy street or highway, and mistakes aren’t uncommon under these circumstances. The test isn’t given under the best of conditions – there are cars speeding by and too many distractions to count. The ABC Test doesn’t even really qualify as a test, because the driver is doomed to fail regardless of mental or physical condition.
There are many conditions unrelated to alcohol intoxication that might cause a driver to perform poorly on the ABC Test, including illness, motor skill impairments, and nervousness. An experienced California drunk driving attorney will collect a driver’s full medical history to determine whether reasons other than alcohol impairment may have caused a driver to “fail” the ABC Test.
The ABC Test is an unreliable gauge of the mental and physical impairment caused by alcohol that it isn’t even standardized by the National Highway Traffic Safety Administration (NHTSA). Because the NHTSA doesn’t recognize the ABC Test, it carries less evidentiary weight in court than a Standardized field sobriety test. The ABC Test has no objective scoring system, and only the officer’s opinion determines whether the driver “passes” or “fails.”
Many drivers fear there’s no point in fighting a DUI / DWI charge because they mistakenly believe that “failing” a field sobriety test means a surefire conviction. However, that’s simply not true. The results of field sobriety tests such as the ABC Test can be successfully challenged in court.
A skilled defense attorney will question the arresting officer’s conclusions during cross-examination and bring out points that work in the driver’s favor. A California DUI lawyer experienced in fighting DUI / DWI charges will dismantle the officer’s testimony as part of a strategic defense plan. Through careful cross-examination, a savvy drunk driving defense attorney can demonstrate that the results could just as easily show that the driver was not impaired.
