| Almost all DUI investigations include having | | | | this test given the complexity of the |
| a California DUI suspect perform various | | | | instructions. |
| balance and coordination tests. These tests | | | | |
| are referred to as field sobriety tests or | | | | The one leg stand is the easiest test to |
| FST's. The theory behind these tests is that | | | | administer, but for some suspects, the |
| they test a person's ability to divide | | | | hardest to perform. Being asked to place your |
| attention. Driving is portrayed as a divided | | | | hands at your sides and balance on one foot |
| attention task. One has to both operate the | | | | while keeping the opposite leg perfectly |
| automobile and also pay attention to other | | | | strait and look down at your feet can be hard |
| cars, pedestrians, and traffic controls on | | | | to do by the side of the road under the |
| the road. | | | | stress of a law enforcement detention at 3:00 |
| | | | in the morning. I had one trial where I asked |
| There are several FST's. The most common are | | | | the officer to demonstrate this test. The |
| the horizontal gaze nystagmus, walk and turn, | | | | officer struggled, shaking and hopping before |
| one leg stand, Rhomberg balance, finger to | | | | the jury. He failed the test, but said it was |
| nose, alphabet, and number count. Only three | | | | due to being nervous in court. Why did the |
| of these tests, the horizontal gaze | | | | officer fail to give my client the same |
| nystagmus, walk and turn, and one leg stand | | | | excuse? |
| are recognized by the National Highway | | | | |
| Traffic and Safety Administration (NHSTA) as | | | | NHSTA's manual claims that if the three |
| having a statistical validity. These three | | | | SFST's are performed correctly and scored |
| tests are called Standardized Field Sobriety | | | | correctly, than they can have an accuracy |
| Tests (SFST's) | | | | rate of 91% for predicting a BAC of .08 or |
| | | | above. These studies are of questionable |
| The horizontal gaze nystagmus test consists | | | | validity because they were all conducted by |
| of the arresting officer asking the DUI | | | | law enforcement agencies under unrealistic |
| suspect to keep their head still and follow a | | | | control, sample and verification conditions. |
| stimulus such as a pen or finger while the | | | | It is important to emphasize that the 91% |
| officer moves it in front of their face. The | | | | rate would only apply in a perfect |
| officer is looking to see if the eyeballs | | | | investigation where the tests were done |
| jerk involuntarily (nystagmus). This is the | | | | correctly. In the vast majority of cases, a |
| SFST that has the greatest aura of scientific | | | | good DUI defense attorney can find the |
| validity. However, in reality, it is junk | | | | defects to help undermine the value of this |
| science. There are some people who have | | | | evidence in the prosecution's case. |
| nystagmus that is natural or caused by a | | | | |
| medical condition. The arresting officer can | | | | There are common misunderstandings of the |
| cause nystagmus by moving the stimulus too | | | | role of FST's. Many people believe that FST's |
| fast, holding it out too long, or holding it | | | | can show impairment or prove that a suspect |
| too close to the suspect's face. Also, | | | | has a certain blood alcohol level. The proper |
| jerking motions by the arresting officer can | | | | role of the FST's as testified to by the |
| cause nystagmus. As a result, this test is | | | | creator of the FST's is to help the arresting |
| rarely performed correctly and properly by | | | | officer decide to arrest the DUI suspect and |
| arresting officers. | | | | take the DUI suspect to have a chemical test |
| | | | performed. That is really the only purpose |
| The walk and turn is a deceptively simple | | | | for FST's. Nevertheless, many prosecutors and |
| test, but in reality it is complex to | | | | others continue to insist that the test |
| administer. Giving the proper instructions | | | | performance on its own is sufficient for |
| and demonstrating the test take practice and | | | | conviction. |
| experience. Failure to start the person off | | | | |
| on the correct foot can sabotage the entire | | | | It critical for the DUI defendant to obtain a |
| test and set the person up for failure. Minor | | | | DUI lawyer who understands the proper role |
| sins like raising arms more than six inches | | | | and weaknesses of field sobriety tests and |
| for balance are counted against the test | | | | can effectively communicate these issues to |
| subject. There are many places to make | | | | juries and judges. |
| mistakes. Sober people make many mistakes on | | | | |