DUI Field Sobriety Tests Unreliable, Expert Says
Posted on:9/10/2009
Written By: Chris Robideaux
| DUI lawyer Lawrence Taylor, author of the best-selling legal treatise Drunk Driving Defense, argues that although these DUI tests have an aura of scientific credibility to a jury, they have no real basis in science and are almost useless in determining intoxication. |
We all know roadside "field sobriety tests" are commonly used by police officers in DUI investigations to determine whether or not a driver is under the influence of alcohol. Typically, they consist of a battery of three to four tasks, such as walk-and-turn, one-leg-stand, finger-to-nose, or nystagmus ("follow the pencil with your eyes"). DUI lawyer Lawrence Taylor, author of the best-selling legal treatise Drunk Driving Defense, argues that although these DUI tests have an aura of scientific credibility to a jury, they have no real basis in science and are almost useless in determining intoxication.
First, Taylor says, any honest officer will admit that the decision to arrest for DUI is usually made at the driver's window. Since the officer has already made up his mind, his subjective decision as to whether a person passed or failed the tests is suspect: as with any human, he will "see" what he expects to see.
Second, the conditions under which field sobriety tests are taken almost guarantee failure: usually late at night, possibly cold, along a graveled or sloped roadside, cars passing a few feet away with bright headlights and buffeting the suspect with wind waves, the officer's moving flashlight and his patrol car's blinding headlights providing the lighting. Add the fact that the DUI suspect is nervous, possibly frightened and completely unfamiliar with the tests.
Also, (and these aren't Taylor's words) BAC test devices, as well as breathalyzers have been proven in some cases to be faulty. The decision to call people criminals, and do damage to their reputations and permanent records is often times hingeing on flimsy measures, and under very distressing, disorientating circumstances.
Why not put the brakes on letting the law walk all over your good name, and call DUI Defenders at 1-800-Kick-DUI for a free consultation with one of our DWI and DUI lawyers well-versed in criminal law. We understand drinking and driving is never a good idea, but you want to have the best defense when faced with prosecution for DUI.