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Attorney Kirk Tarman Explains Whether Field Sobriety Tests In A DUI Are Designed To Fail Or Pass

Quick answer

Are field sobriety tests designed to fail? Yes, says San Bernardino DUI attorney Kirk Tarman—they're steeped in subjectivity, since an officer alone judges whether you swayed or stepped wrong. Conditions like vertigo can make the eyes-up test impossible for a sober person. He credits body-worn cameras as the defense's best tool for exposing that subjectivity.

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Answered by Kirk Tarman · San Bernardino County, CA

Highlights

0:28

— how a subjective officer judgment can decide pass or fail

Frequently Asked Questions

Are field sobriety tests designed to fail?

Yes, in the sense that they're steeped in subjectivity—an officer alone judges whether you swayed or stepped wrong, and conditions like vertigo can make a sober person fail. Body-worn cameras are the defense's best tool for exposing that subjectivity.

→ Full interview on Attorneys.Media

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Contact Kirk Tarman
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Kirk Tarman
The Law Offices of Kirk Tarman & Associates

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