This is Part II of our multi-part blog post discussing important information that drivers should know about field sobriety tests (FSTs) if they are stopped after consuming alcohol.\u00a0 Part I of this blog provided an overview of the types of FSTs that may be administered whereas Part II focuses on key issues relevant to effectively challenging FSTS and minimizing their impact in your Texas DUI prosecution.<\/p>\n
The starting point for any analysis of mitigating the impact of FSTs is the knowledge that these tests are completely voluntary.\u00a0 When the police officer indicates that he or she wants you to participate in FSTs, he will probably not do so in a way that feels particularly like it is totally up to your discretion.\u00a0 When the person making the \u201crequest\u201d is wearing a gun and uniform with the power of arrest, it is not surprising that many motorists assume that they have no right to refuse to perform FSTs.<\/p>\n
However, these voluntary exercises are optional and designed to create probable cause for a DUI arrest.\u00a0 Generally, you should politely indicate you would prefer not to participate unless you are in good physical condition and have had absolutely nothing to drink.\u00a0 Even under these circumstances, there is little to be gained by participating because FSTs are usually part of a \u201cself-fulfilling prophecy.\u201d\u00a0 The police officer believes you will fail because you are intoxicated, and this perception will color his evaluation of your performance.\u00a0 If you already were arrested for DUI and elected to participate in FSTs, here are some common defenses:<\/p>\n
Non-Standardized Sobriety Tests Have No Probative Value<\/strong>:<\/p>\n The defense to these types of field sobriety tests is pretty straightforward.\u00a0 These tests were determined by the National Highway Traffic Safety Administration (NHTSA) to have no reliability in accurately identifying drivers under the influence alcohol.\u00a0 Because properly trained officers will be aware that these tests offer little more accuracy than calling heads on a coin flip, these tests will usually be conducted as a supplement to the Standardized Field Sobriety Tests (SFSTs).<\/p>\n <\/strong><\/p>\n Unreasonably High Error Rate for Individual SFSTs<\/strong>:<\/p>\n While SFSTs have more accuracy than non-standardized tests, there are many studies that show they are still highly unreliable as an indicator of alcohol impairment.\u00a0 The accuracy rate of the walk and turn test, for example, is a mere 65 percent according the NHTSA.\u00a0 In other words, it is only 15 percent more accurate than a coin flip.\u00a0 The walk and turn is only slightly better at 68 percent while the Horizontal Gaze Nystagmus is only 77 percent accurate.\u00a0 These error levels do not remotely approach the \u201creasonable doubt\u201d standard.\u00a0 When an experienced Texas DUI defense attorney represents clients, he effectively communicates this lack of reliability to a judge or jury.<\/p>\n Lack of Proper Officer Training<\/strong>:<\/p>\n The huge margins for error reflected above are based on SFSTs conducted by experienced police officers under optimal conditions.\u00a0 The procedures required to properly administer SFSTs are extremely detailed, including a precise demonstration of the walk and turn and one leg stand before asking a motorist to perform these exercises.\u00a0 Many officers lack adequate training so they may conduct the tests improperly or fail to evaluate the performance of a motorist accurately.\u00a0 This further compromises the reliability of individual field sobriety tests that are fairly unreliable even under optimal conditions.<\/p>\n Fictional Ordinary Person Standard<\/strong>:<\/p>\n Just as the accuracy of the three SFSTs are based on proper administration of the tests by an officer fluent in conducting these exercises, the results indicated above for individual SFSTs also are based on assumptions about a DUI suspect.\u00a0 The FSTs assume a healthy person within an average range for weight and age.\u00a0 Drivers who are over 65 or more than fifty pound overweight may have their results impacted adversely when performing SFSTs.\u00a0 These factors must be communicated effectively to the judge or jury when they are relevant.<\/p>\n Medical Conditions or Injury<\/strong>:<\/p>\n There are many health conditions or injuries that can impair a motorist ability to effectively perform field sobriety tests.\u00a0 Anyone suffering from a leg or knee injury, for example, might be expected to struggle with the one leg stand and\/or walk and turn.\u00a0 Similarly, DUI suspects with the flu may have a difficult time focusing or remaining balanced.\u00a0 If you have a medical condition or injury that may inhibit your performance but elect to take SFSTs anyway, you should inform the officer prior to participating in the exercises.<\/p>\n Environment\/Clothing:<\/strong><\/p>\n Sometimes factors like women wearing high heels, wet ground or extreme heat may impact SFSTs.<\/p>\n Individual Ability<\/strong>:<\/p>\n SFSTs presume that people are comparable in terms of physical ability.\u00a0 Even if a DUI suspect is not ill or injured, some people are naturally clumsier or less coordinated.\u00a0 These individual factors can explain a failed FST as well as intoxication in many cases.<\/p>\n <\/strong><\/p>\n While this certainly is not an exhaustive list of defenses that Texas drunk driving defense attorney Alex Tyra may raise to undermine the significant of field sobriety testing, this overview does illustrate a broad range of potential issues that may be raised.\u00a0 Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction.\u00a0 We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.<\/p>\n","protected":false},"excerpt":{"rendered":" This is Part II of our multi-part blog post discussing important information that drivers should know about field sobriety tests (FSTs) if they are stopped after consuming alcohol.\u00a0 Part I of this blog provided an overview of the types of FSTs that may be administered whereas Part II focuses on key issues relevant to effectively 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