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| Know Your Rights Before You Submit To A Field Sobriety Test |
These nationwide, standardized DUI tests include the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand.
Obviously one wants a good surface to attempt these acrobatics as it would be difficult to walk, turn or stand on one leg if the ground is bad.
As a reasonable defense to any poorly noted performance, a person can show through testimony and photographs that the surface was not conducive to proper performance.
There have been standardized manuals which include federal guidelines on drunk driving gymnastics testing surfaces.
In the SFST Instructor Manual, Session VIII, page VIII-36 under Instructor Notes: “Standardizing this test for every type of road condition is unrealistic. The original research study recommended that this test be performed on a dry, hard, level, nonslippery surface and relatively safe conditions. If not, the research recommends: 1) suspect be asked to perform the test elsewhere; or 2) only HGN be administered. However, recent field validation studies have indicated that varying environmental conditions have not affected a suspect’s ability to perform this test.”
In the SFST Student Manual, Session VIII, page VIII-11 under Test Conditions: “Walk-and-Turn test requires a designated straight line, and should be conducted on a reasonably dry, hard, level, non-slippery surface. There should be sufficient room for suspects to complete nine heel-to-toe steps. Note: Recent field validation studies have indicated that varying environmental conditions have not affected a suspect’s ability to perform this test.”
“The original research indicated that individuals over 65 years of age, back, leg or inner ear problems had difficulty performing this test. Individuals wearing heels more than 2 inches high should be given the opportunity to remove their shoes.”
Session VIII, page VIII-13 & VIII 14 under Test Conditions: “One-Leg Stand requires a reasonably dry, hard, level, and non-slippery surface. Suspect’s safety should be considered at all times.
“The original research indicated that certain individuals over 65 years of age, back, leg or inner ear problems, or people who are overweight by 50 or more pounds had difficulty performing this test. Individuals wearing heels more than 2 inches high should be given the opportunity to remove their shoes.”
The Preface in the SFST Student Manuals says, “The procedures outlined in this manual describe how the Standardized Field Sobriety Tests (SFSTs) are to be administered under ideal conditions. We recognize that the SFSTs will not always be administered under ideal conditions in the field, because such conditions will not always exist. Even when administered under less than ideal conditions, they will generally serve as valid and useful indicators of impairment. Slight variations from the ideal, i.e., the inability to find a perfectly smooth surface at roadside, may have some affect on the evidentiary weight given to the results. However, this does not necessarily make the SFSTs invalid.”
Knowing the rules for the Sobriety Test and the conditions in which the test was taken will allow for a better defense strategy.
About the Author:
Rick Mueller is a Top-Rated San Diego DUI attorney specializing in Drunk Driving, DUI & DMV Defense, and has been practicing law since 1983. For more information about Rick, please visit www.sandiegodui.com
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