| Almost all DUI investigations include having a California | | | | test given the complexity of theinstructions. |
| DUI suspectperform various balance and coordination | | | | The one leg stand is the easiest test to administer, |
| tests. These tests arereferred to as field sobriety | | | | but for somesuspects, the hardest to perform. Being |
| tests or FST's. The theory behindthese tests is that | | | | asked to place your handsat your sides and balance |
| they test a person's ability to divideattention. Driving | | | | on one foot while keeping the opposite legperfectly |
| is portrayed as a divided attentiontask. One has to | | | | strait and look down at your feet can be hard to do |
| both operate the automobile and also payattention to | | | | by theside of the road under the stress of a law |
| other cars, pedestrians, and traffic controls on the | | | | enforcement detention at |
| road. | | | | 3:00 in the morning. I had one trial where I asked the |
| There are several FST's. The most common are the | | | | officer todemonstrate this test. The officer |
| horizontal gazenystagmus, walk and turn, one leg | | | | struggled, shaking and hoppingbefore the jury. He |
| stand, Rhomberg balance, finger tonose, alphabet, | | | | failed the test, but said it was due to beingnervous in |
| and number count. Only three of these tests, | | | | court. Why did the officer fail to give my client |
| thehorizontal gaze nystagmus, walk and turn, and | | | | thesame excuse? |
| one leg stand arerecognized by the National Highway | | | | NHSTA's manual claims that if the three SFST's are |
| Traffic and Safety Administration | | | | performed correctlyand scored correctly, than they |
| (NHSTA) as having a statistical validity. These three | | | | can have an accuracy rate of 91% forpredicting a |
| tests arecalled Standardized Field Sobriety Tests | | | | BAC of .08 or above. These studies are |
| (SFST's) | | | | ofquestionable validity because they were all |
| The horizontal gaze nystagmus test consists of the | | | | conducted by lawenforcement agencies under |
| arresting officerasking the DUI suspect to keep their | | | | unrealistic control, sample and verificationconditions. It |
| head still and follow a stimulussuch as a pen or finger | | | | is important to emphasize that the 91% rate |
| while the officer moves it in front of theirface. The | | | | wouldonly apply in a perfect investigation where the |
| officer is looking to see if the eyeballs | | | | tests were donecorrectly. In the vast majority of |
| jerkinvoluntarily (nystagmus). This is the SFST that | | | | cases, a good DUI defenseattorney can find the |
| has the greatestaura of scientific validity. However, in | | | | defects to help undermine the value of thisevidence |
| reality, it is junkscience. There are some people who | | | | in the prosecution's case. |
| have nystagmusthat is natural or caused by a medical | | | | There are common misunderstandings of the role of |
| condition. The arrestingofficer can cause nystagmus | | | | FST's. Manypeople believe that FST's can show |
| by moving the stimulus too fast, holding itout too | | | | impairment or prove that a suspecthas a certain |
| long, or holding it too close to the suspect's face. | | | | blood alcohol level. The proper role of the FST'sas |
| Also, jerking motions by the arresting officer can | | | | testified to by the creator of the FST's is to help the |
| causenystagmus. As a result, this test is rarely | | | | arrestingofficer decide to arrest the DUI suspect and |
| performed correctlyand properly by arresting officers. | | | | take the DUI suspect tohave a chemical test |
| The walk and turn is a deceptively simple test, but in | | | | performed. That is really the only purposefor FST's. |
| reality it iscomplex to administer. Giving the proper | | | | Nevertheless, many prosecutors and others continue |
| instructions anddemonstrating the test take practice | | | | toinsist that the test performance on its own is |
| and experience. Failure tostart the person off on the | | | | sufficient forconviction. |
| correct foot can sabotage the entire testand set the | | | | It critical for the DUI defendant to obtain a DUI |
| person up for failure. Minor sins like raising armsmore | | | | lawyer whounderstands the proper role and |
| than six inches for balance are counted against the | | | | weaknesses of field sobriety tests andcan |
| testsubject. There are many places to make | | | | effectively communicate these issues to juries and |
| mistakes. Soberpeople make many mistakes on this | | | | judges. |