Field Sobriety Tests and DUI Lawyer in Utah

Is it important if field sobriety tests are correctly administered? The answer is Yes. In Homan v. State, the court determined that in order for the results from field sobriety tests to serve as evidence of probable cause to arrest, the police must have administered the tests in strict compliance with standardized testing procedures. Why is this important to you if you have been charged with a DUI in Utah? Because if the police officer gave you the field sobriety tests and did them wrong then you may be able to establish that the police officer never had probable cause to arrest you for the DUI. Not performing the field sobriety tests correctly can be fatal for the prosecution in a DUI case.

One reason that the field sobriety tests must be performed correctly is because they can be considered scientific.

“In contrast to the psychomotor field sobriety tests, it appears that a majority of jurisdictions view the HGN test as being scientific in nature and not within the common understanding of lay persons. See Van Hazel, 468 F.Supp.2d at 796; but see State v. Boczar, 113 Ohio St.3d 148, 863 N.E.2d 155, 160 (Ohio 2007). In California, HGN tests are considered scientific in nature. Leahy, 8 Cal.4th at 607, 34 Cal.Rptr.2d 663, 882 P.2d 321.12 However, because a published California appellate decision has held that HGN testing is generally accepted in the relevant scientific community, see People v. Joehnk, 35 Cal.App.4th 1408, 1508-09 (1995), no scientific expert testimony is required and a police officer may report the results of an HGN test provided that a foundation is laid that the test was administered properly and that the officer is qualified, i.e. has the requisite training and experience to administer the test. See Leahy, 8 Cal.4th at 611, 34 Cal.Rptr.2d 663, 882 P.2d 321. It does not appear that the Ninth Circuit has addressed the admissibility of the HGN test.”
United States v. Nguyen, CRF06-0075 AWI, 2008 WL 540230 (E.D. Cal. Feb. 25, 2008)

At Arnold, Wadsworth & Coggins Attorneys, we offer a free consultation to go over the facts in your DUI case in Utah. At the consultation, we will review every step of the arrest and field sobriety testing to see if standards were complied with. Call (801) 475-0123 today.

Testimonials

What They Say About Us

Google
Wyatt German profile picture
Wyatt German
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Deven Coggins and his paralegal Holly Ranger have done a great job helping me through my whole custody battle. I am a person that would rather get told the truth than just do whatever and go blindly. Deven, always gave his honest opinion and was not afraid to be straight forward. He had my best interest the whole time and fought very hard for me and always keeping our integrity intact. In that results as we stand I have full custody of my daughter. Highly recommend these two to anyone wanting a no Bs kind of lawyer.
Google
Madison Jones profile picture
Madison Jones
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m beyond thankful for the exceptional service I received from Brian Arnold. From day one, he showcased a deep understanding of family law and a clear commitment to my case. What truly stood out, however, was his remarkable ability to negotiate with the opposing counsel and secure an incredibly favorable resolution when it seemed like a tough situation. Throughout the process, Brian was thorough, transparent, and always kept me updated. He balanced assertiveness with empathy, ensuring that my needs were met without unnecessary stress or conflict. Thanks to Brian's negotiation expertise, we were able to avoid a prolonged legal battle and achieved a result that was far beyond what I had hoped for. I’m so relieved and pleased with the outcome. If you need a family law attorney who is not only skilled but also genuinely dedicated to achieving the best possible result for you, I can’t recommend Brian Arnold and his team enough. You’ll be in excellent hands.
Google
Jaycee Hill profile picture
Jaycee Hill
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I can’t thank Brian Arnold enough for the support and guidance during my divorce. From the beginning, him and his staff worked tirelessly to find a resolution that was fair and in my best interest, without the need to go to court. Their expertise in negotiation and mediation was evident, and they made what could have been a stressful and contentious process much smoother. If you’re looking for a divorce attorney who can handle things efficiently and effectively without the added stress of courtroom battles, I highly recommend Brian Arnold and the Arnold, Wadsworth & Coggins legal team.
Google
Owen Vannoy profile picture
Owen Vannoy
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I couldn’t have asked for a better team during a challenging time in my life. Arnold, Wadsworth & Coggins and its staff provided expert legal advice and compassionate support throughout the entire process. They were clear, responsive, and always had my best interests at heart. Their professionalism and empathy made a difficult situation much easier to navigate. Highly recommend them if you’re looking for top-notch legal representation.
Google
Alyssa Leigh profile picture
Alyssa Leigh
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I can’t thank Brian Arnold and his team enough for their support during my highly contested divorce. From the very beginning, they were professional, understanding, and extremely knowledgeable about every aspect of the case. The process was emotionally draining and complicated, but Brian and the team guided me every step of the way, making sure I understood my options and what to expect. Despite the challenges, they were able to negotiate a favorable settlement that protected my rights and helped me move forward with confidence. I always felt like they had my best interests at heart, and their attention to detail was impressive. If you’re facing a tough divorce, I highly recommend Brian Arnold and the Arnold, Wadsworth & Coggins team. They made a difficult time much easier to navigate, and I’m truly grateful for their expertise and support.
Google
Jordynn Schureman profile picture
Jordynn Schureman
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m very pleased with the service I received from Brian Arnold in handling my traffic citation. Brian quickly assessed my case, provided clear guidance, and worked efficiently to have the citation reduced, saving me both time and money. Brian and his staff kept me informed throughout the process and handled everything with professionalism. If you’re dealing with a traffic citation and want a hassle-free resolution, I highly recommend Brian Arnold.
Google
Jennifer McClellan profile picture
Jennifer McClellan
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I cannot recommend Arnold Wadsworth & Coggins enough. I was facing a serious and complex legal matter, and the team at Arnold Wadsworth & Coggins provided exceptional support every step of the way. Their expertise, professionalism, and clear communication helped me navigate a difficult situation with confidence. They were responsive, thorough, and truly dedicated to achieving the best outcome. Thanks to their hard work and strategic approach, I was able to reach a resolution that far exceeded my expectations. If you're dealing with a serious legal issue, Arnold Wadsworth & Coggins is the firm you want on your side. They combine expert legal knowledge with compassionate client care, making them stand out in their field.
Google
Jack Carver profile picture
Jack Carver
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Brian Arnold helped me with my criminal case. He got me a plea in abeyance and the charge expunged so it's no longer on my record. Brian is an amazing attorney and I definitely recommend working with him.

Utah Divorce Attorneys

Compassionate & Aggressive Representation for Your Family Law Needs

Family Law & Divorce

When it comes to family law and divorce matters, our lawyers take into account how difficult your situation may be right now. As Utah divorce attorneys, we fight aggressively for your rights in litigation, but we will always treat you with compassion and sensitivity — in the same way we would treat our own family members. In fact, the support we provide to our clients is so heartfelt that most remain in contact with us for years after their case has been favorably resolved.

Voted as a Top Utah Family Law Attorney

Don't Hesitate to Contact the Utah Divorce Lawyers

If you are seeking legal help on divorce, divorce modification, child support, or child custody, don’t delay in contacting us. The sooner you call us, the sooner you can get things resolved for you and your kids. In some cases, you may only have a limited amount of time to act before it’s too late to defend yourself or get the resolution you want. We know how painful things are right now, and we want to resolve your issues as quickly as possible so you can rebuild your life and the precious bonds you have with your family.

Meet Our Experts

Qualified Attorneys

Sterling Arnold

Attorney

Brian E. Arnold

Partner & Attorney

Matt Wadsworth

Partner & Attorney

Deven J. Coggins

Partner & Attorney

Lauren Schultz

Associate

Cobie Spevak

Attorney

Ready to Protect Your Rights? Contact Us Today!

Get trusted legal representation for your case. Schedule a consultation now.