What are Field Sobriety Tests?

Field Sobriety Tests also known as FSTs are physical and mental exercises that were developed to assist police officers in determining an approximate BAC level prior to custodial arrest. They consist of several standard exercises that require the Drunk Driving Suspect to stand in a specific manner, ready position, while listening to the instructions. After the instructions are given, the officer give the begin instruction and the DUI Suspect is expected to complete the Test without error.

Field Sobriety Tests have two components and are are referred to as a divided attention skills test. The two components are the mental and the  physical.  The mental portion includes the ability to hear, remember, and follow the instructions exactly as given. The physical portion includes the ability to actually perform the tests by standing a certain way, walking a certain way, as well as other physical activities related to the test.

The battery of Standardized Field Sobriety Tests include:

• HGN – Horizontal Gaze Nystagmus
• VGN – Vertical Gaze Nystagmis
• Walk and Turn Test
• Romberg Alphabet Test
• One Leg Stand
• Finger to Nose

Problems and Defenses To Field Sobriety Tests

Field Sobriety Tests present the DUI Defendant with many defense challenges. The DUI Officer’s testimony about them and the accuracy of the tests in determining impairment is very compelling to a Jury. However, the complexity of the tests themselves, the instructions given, and the manner in which the instructions are given make them vulnerable to a skilled and experienced Criminal Defense DUI Attorney.

For example, I represented a person who was charged with DUI and blew over a .12  on the intoxilyzer. He was followed by a DUI homicide investigator who called for backup claiming my client was swerving on the roadway. A DUI Officer began to follow my client and initiated a traffic stop after allegedly witnessing him swerving on the roadway. The DUI Officer testified at trial as to the driving pattern and the poor performance on the Field Sobriety tests as well as that poor performance being consistent with the high and above legal result of his Breath Alcohol Content.  The DUI Homicide investigator who initially spotted my client and followed him also testified. I was able to show the jury the inaccuracy and the lack of relevance of the Field Sobriety Tests as well as the questionable science of the intoxilyzer. This case is just one example of my DUI trial experience.

In my opinion, the Field Sobriety Tests, no matter how perfectly given and how perfectly performed mean nothing. Field Sobriety Tests, are in my opinion, nothing more then voodoo science. In developing the Field Sobriety Tests, the subjects that were used as “control subjects” were within a certain age group, weight group, and health group. If a DUI suspect falls outside of these groups, the tests are useless. Even if the DUI Suspect is the same age, weight, and health as the “control subjects”, there are other factors that should be considered and pointed out to the jury.

Experienced DUI Defense Attorney

My approach to defending DUI charges is one of total defense. I fully investigate all parts of the  Case and prepare for trial from the very beginning. I am not a lawyer who simply takes my clients money and pleads them out quickly. When you retain me to represent you we will discuss your case as frequently as I need in order to prepare your case, or as often as you need for questions, comfort, or advise. You pay good money for a Defense Lawyer, you should get what you pay for. Someone on your side, not someone who wants to quickly turn your case over.

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