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