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FIELD SOBRIETY TESTS: EVIDENCE?
These supposedly standardized “tests” are typically conducted by police officers at the scene of the arrest. These “tests” are really not tests at all and are designed for failure in almost every single instance. These “tests” include:
1. THE WALK & TURN. The accused is asked to kepp his ands pinned to his side and take 9 steps on a straight line touching heel-to-toe after every step. At the conclusion of the 9th step you are told to leave your front foot on the ground and take a serious of small pivot steps turning your body 180 dgrees. Then you are asked to take 9 more heel-to-toe steps back to the beginning point of the exercise. The Officer gives this lengthy explanation only one time and walks behind you marking you off for every mistake, not matter how minor.
2) THE ONE LEG STAND. During this exercise you are asked to keep your arms oinned to your sides and lift one leg approximately 6 inches off the ground. While staring at that leg you are asked to count "1 Mississippi...2 Mississippi...3 Mississippi...." until you reach 30 Mississippi.
3) HORIZONATL GAZE NYSTAGMUS (HGN). Here the Officer shines a luight in your eyes and asks you to follow the pen while you keep your head still. The premise is that any involuntary movement detected in your eyes during this exercise is an indication of alcohol or a controlled substance in your body. Although this is the very first test administered by any competent Officer after a DUI stop. almost no Officers have the scientific expertise and credentials to qualify as an expert in court. Only expert witnesses can testify to these results. Typically this exercise is edited from any on-scene videos.
4) FINGER-TO-NOSE. While you stand with your feet together and hands pinned to your sides you are asked to raise your hand in front of your body with your finger pointing out and touch the 'pad' of your finger to the 'tip' of your nose. Be careful, in typical law enforcement fashipn the officer will try to trick you at the end by calling the exercise in this order: "LEFT...RIGHT...LEFT...RIGHT...RIGHT...LEFT."
5) THE ALPHABET TEST. Contrary to popular belief, you are not asked to recite the alphabet backwards. Instead you are asked to recite the alphabet while you stand with you feet together, your arms pinned to your side, your eyes closed, and your head leaning back. You are told not to sing or chant the al[habet and are marked of for sayinf "LMNOP."
6) COUNTING BACKWARDS. While in the same position used for the alphabet test you are asked to count backwards from 100-75. Be careful, this test proves tricky for most.
Please keep in mind that only the first 3 have been studied “scientifically” (by the federal government, of course).
BOTTOM LINE. When asked to perform these tests respectfully decline. Their only purpose is to gather additional evidence against the driver. The police officer is going to arrest the driver regardless of whether they perform these tests or not.
WHAT IS EVIDENCE OF DUI?
1. Driving pattern (swerving, weaving, etc);
2. Police observations (bloodshot glassy eyes, slurred speech, odor of alcoholic beverage);
3. Performance of Field Sobriety Tests;
4. Blood Alcohol Content;
5. Statements to police;
6. Refusal – consciousness of guilt.
The police have essentially rturned # 1 & 2 on the above list into boilerplate language on each and every arrest affidavit written in the last 10 years. Evidence listed under # 3,4,5 is at the control of the driver. This is evidence that you may or may not voluntarily turn over to the police. Please do not turn this evidence over voluntarily if you can help it. Finally, #6 on the list, Refusal as consciousness of guilt is only compelling in the face of additional, corroborating evidence.
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