Legal Advice

Investigation of DUI Cases: Give Examples of Non-Standardized FST's:

By: DARREN KAVINOKY

Investigation of DUI Cases: Give Examples of Non-Standardized FST’s: How to be given, what clues, what they mean.

Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined that some tests are accurate indicators, to a degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies often use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication. These tests include:

? Alphabet ? Coin Test ? Hand Clap ? Finger to Nose ? Finger Count ? Rhomberg Balance

Because these tests lack standardization, they are designed for failure, not fairness. It is the officer’s own interpretation of the subject’s performance which determines failure. When police officers are questioned during cross-examination, they cannot cite any studies or scientific research which validates these testing methods or their scoring systems.

Some states do not allow non-NHTSA certified FST’s to be used as evidence of intoxication. However, California does allow these tests into evidence. A trained, experienced criminal defense attorney may attack the weight given the evidence, in light of the lack of scientific backing and reliability.