Field Sobriety Tests

Field Sobriety Tests in Bakersfield

Aggressively Defending Our Clients’ Rights

Field sobriety tests are usually administered by law enforcement when you are pulled over with suspicion of driving under the influence of drugs or alcohol. The law enforcement officer may ask you to perform several "tests" which are supposed to indicate whether you are intoxicated. There are several of these tests including the "walk and turn", the "horizontal gaze nystagmus" and the "one-leg stand". Interestingly, the National Highway Traffic Safety Administration evaluated these tests and found that even the most accurate of the three has been found to be only 77% correct and that is only when administered perfectly under perfect conditions.

Additionally, many of the "tests" used by the California Highway Patrol and the local law enforcement in Kern County have NEVER been correlated to alcohol intoxication. In fact, most of the "tests" used in Kern County have been found to not have any correlation to alcohol impairment.

Kern County Field Sobriety Tests

There are many factors that could contribute to failing a field sobriety test other than intoxication. Some of the situations that could affect the tests include:

  • Nervousness
  • Fear
  • Age
  • Language problems
  • Physical illness
  • Weight
  • Fatigue
  • Inability to understand the directions
  • Bad balance
  • Confusion

Defense Strategies Against Field Sobriety Tests

As the Field Sobriety Tests administered may be part of the evidence against you that "proves" that you were intoxicated, it is crucial that you contact an attorney who understands FST's and the limits to their usefulness. Mr. Middlebrook has been certified under the National Highway Traffic Safety Administration standards as an Instructor in Field Sobriety Tests.

He has undergone more than twice the training as almost all California Highway Patrol Officers on the validity and administration of Field Sobriety Tests. We maintain a complete library of all manuals used by the California Highway Patrol and each local law enforcement agency on how to administer FST's. You are not required to perform ANY "test" when suspected for DUI other than an "evidentiary" Breath or Blood Test.

Dedicated Kern County Attorney

At Middlebrook & Associates, Attorney Richard Middlebrook is trained specifically on this part of a DUI defense and will fight aggressively to protect you if you have been charged with DUI. Field sobriety tests are not deemed to be of high accuracy, and your arrest may be partially based on the determination that you were "intoxicated". This court challenge can increase the possibility of a dismissal or reduction of the charges against you.

Take advantage of the resources, skill, and dedication of Richard at Middlebrook & Associates to defend you. Every aspect of your case, including the field sobriety testing done, will be thoroughly reviewed. No case is without flaws and these flaws can bring about court challenges that can assist in your defense and greatly increase the chances of a good outcome in your case.


Contact our skilled firm online or by calling us directly at (661) 874-1325 today. 


Why Choose Middlebrook & Associates?

  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings
  • Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
  • Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
  • Top 100 Lawyers in America - DUI Defense

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Client Testimonials Hear from Real People Who We've Helped
  • “Highly recommended!”
    I was impressed with the results of my case and do not feel another law firm would have reached the outcome that they did. They needed little communication from me and handled everything without me needing to be present. They answered when I had questions and completed my case quickly.
    - Samantha M.
  • “Highly recommended!”
    Middlebrook & Associates helped me out with my dui pretty much got me through everything without having to do anything never got my license suspended 1 day there were there anytime I needed to ask questions as well highly recommended.
    - Hector G.
  • “We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case”
    By way of background, I am a civil trial lawyer who practices law in another state. In 2020, after a questionable traffic stop, my daughter was arrested for DUI. Our family engaged Mr. Middlebrook to assist her. After he reviewed the evidence, Mr. Middlebrook identified the weaknesses in the State’s case and formulated a trial strategy to include the retention of an appropriate expert witness. While waiting for trial, Mr. Middlebrook prevailed in the administrative proceeding allowing my daughter to retain her driver’s license pending trial. After plea negotiations fell through, we went to trial on the criminal case. I have over 35 years of experience in a courtroom and have tried dozens of cases to verdict. On the first day of trial, I could tell that Mr. Middlebrook had the respect of the trial judge and the prosecutor. He developed an excellent rapport with the jury. In his examination of the expert witnesses for each side, Mr. Middlebrook demonstrated a deep understanding of the science related to DUI cases. His cross-examination of the arresting officer was respectful while making the officer appear to be, at best, incompetent in his handling of the stop and administration of the breathalyzer test. The jury acquitted my daughter on one charge and deadlocked on the other. An acceptable plea agreement on the remaining charge was thereafter reached allowing for all charges to eventually be dismissed and expunged from her record. We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case, and I highly recommend him.
    - Ken I.
  • “No words to describe the teams professionalism”
    I was arrested for a first time DUI on December of 2015. I went to Mr. Middlebrooks's office the very next day and explained my case. He gave me a step by step overview of what is going to happen. It would be a shame on my part if I didn't review his teams work for me. I was updated promptly and they basically took over the entire area and only called me once or twice where I was actually needed with my case. After 6 months of deliberation, he managed to get my case thrown out due to technicalities and all charges were dropped against me. My greatest gratitude goes to his entire team. I've had sleepless nights over my arrest and how my future was going to be permanently affected if I had been convicted. After researching, I noted that he actually charges a bit more than the average for a DUI attorney in town, but I have absolutely no regrets whatsoever with his service and I would not hold back from recommending his office to anyone. I truly appreciate his teams commitment to quality of work they have done.
    - Gabriel