Field Sobriety Tests Exposed: An NHTSA Instructor’s Inside Perspective
If you’ve been pulled over for a suspected DWI in New York, you’ve likely faced roadside tests. These are known as Standardized Field Sobriety Tests (SFSTs). Police officers use them as primary tools to establish probable cause for a DWI arrest. However, what most people don’t know is that these tests are far from foolproof. In fact, Field Sobriety Tests Exposed reveal that officers often administer them incorrectly. Moreover, they are subject to a wide range of errors and inaccuracies. As a former NHTSA-certified instructor in SFSTs, I’ve seen firsthand how these tests can be misused. Furthermore, as a DWI defense attorney, I know how to use that insider knowledge. Consequently, I can challenge the results and protect my clients’ rights.
What Are Standardized Field Sobriety Tests?
The National Highway Traffic Safety Administration (NHTSA) has developed a battery of three tests. These tests are considered the “gold standard” for field sobriety testing. The tests include:
- The Horizontal Gaze Nystagmus (HGN) Test: This test involves the officer moving an object back and forth in front of your eyes. A pen or a finger is typically used. The officer looks for an involuntary jerking of the eyes. This can be an indicator of alcohol impairment.
- The Walk-and-Turn Test: This test requires you to take nine heel-to-toe steps along a straight line. You must turn on one foot. Then you take nine heel-to-toe steps back. The officer looks for various “clues.” These include stepping off the line, using your arms for balance, or starting too soon.
- The One-Leg Stand Test: This test requires you to stand on one foot. The other foot must be raised about six inches off the ground. You count aloud for 30 seconds. The officer looks for clues such as swaying, hopping, or putting your foot down.
While these tests are considered “standardized,” the reality is different. Officers often administer them in a non-standardized way. Police officers are supposed to follow strict protocols when administering these tests. However, in the real world, they often cut corners or make mistakes. Consequently, these mistakes can significantly impact the validity of test results.
Common Officer Errors I’ve Witnessed
As a former SFST instructor, I’ve trained countless police officers on proper test administration. Additionally, I’ve seen all the common mistakes they make. Some of the most frequent errors include:
- Improper Instructions: The officer must give you clear and concise instructions before each test. If the instructions are confusing or incomplete, performing the test correctly becomes difficult.
- Improper Demonstration: The officer is supposed to demonstrate each test for you before you perform it. If the demonstration is incorrect, it can lead you to make mistakes.
- Unsuitable Testing Environment: The tests should be administered on a level, non-slippery surface. If the ground is uneven or the lighting is poor, maintaining your balance becomes difficult.
- Scoring Errors: The officer is supposed to look for a specific number of “clues” on each test. It’s not uncommon for officers to misinterpret the clues. Furthermore, they may count clues that are not actually present.
These are just a few of the many errors that can occur during testing. An experienced DWI attorney trained in SFSTs can review the evidence in your case. This includes any video footage of the tests. Therefore, they can identify these errors and use them to challenge the results.
Medical Conditions That Affect Test Performance
Another major problem with Field Sobriety Tests Exposed is their failure to account for medical conditions. Many people have medical conditions that can affect their ability to perform the tests. For example, if you have an inner ear problem, you may have difficulty with balance. This can cause you to “fail” the walk-and-turn or one-leg stand test.
Additionally, if you have a bad back or a knee injury, standing on one leg for 30 seconds may be impossible. Furthermore, if you have a neurological condition, you may have a natural nystagmus. This can be mistaken for a sign of alcohol impairment.
It’s important to tell the officer about any medical conditions you have before performing the tests. Moreover, it’s even more important to tell your attorney about them. An experienced DWI attorney can use your medical records effectively. They can show that your poor performance was due to your medical condition. Consequently, they can prove it was not due to alcohol impairment.
Environmental Factors Officers Often Ignore
In addition to medical conditions, numerous environmental factors can affect your performance on field sobriety tests. For example, if it’s cold or windy outside, maintaining your balance becomes difficult. If you’re wearing high heels or uncomfortable shoes, walking a straight line becomes challenging. Furthermore, if you’re on the side of a busy highway with cars whizzing by, concentrating on instructions becomes difficult.
Police officers are supposed to take these environmental factors into account when administering the tests. However, they often don’t consider them. An experienced DWI attorney can use these factors to argue that test results are unreliable.
Challenging Field Sobriety Tests in Court
If you’ve been arrested for a DWI based on field sobriety test results, you have options. An experienced DWI attorney can challenge the results of the tests in court. This can be done in several ways, including:
- Cross-examining the arresting officer: Your attorney can question the officer about their training and experience. Additionally, they can question the way they administered the tests.
- Presenting expert testimony: Your attorney can hire an expert witness to testify about the flaws in the tests. A former SFST instructor can testify about the errors that the officer made.
- Introducing video evidence: If video footage of the tests exists, your attorney can use it effectively. They can show the jury that you did not perform as poorly as the officer claimed.
Field Sobriety Tests Exposed reveals they are not the objective, scientific evidence that the prosecution claims. They are subjective, unreliable, and prone to error. An experienced DWI attorney who understands the science behind these tests can use that knowledge to your advantage.
Contact The Inniss Firm, PLLC Today
Don’t let a flawed field sobriety test be the reason you lose your license. Your career and your freedom are at stake. If you’ve been arrested for a DWI in New York, you need an attorney who knows how to fight back.
Contact The Inniss Firm, PLLC today at 845.533.0265 for a confidential consultation. Let a former SFST instructor and New York State Trooper expose the weaknesses in the prosecution’s case. We will fight for the best possible outcome for you. Your future is too important to leave to chance.
