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Monday, March 26, 2007
Investigation Of DUI Cases - Give Examples Of Non-Standardized FST's
How to be given, what clues, what they mean.
Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined that some tests are accurate indicators, to a degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies often use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication. Some of these non-standardized test include:
Alphabet Coin TestHand ClapFinger to NoseFinger CountRhomberg Balance
Because these tests lack standardization, they are designed for failure, not fairness. It is the officer’s own interpretation of the subject’s performance which determines failure. When police officers are questioned during cross-examination, they are unable cite any studies or scientific research which validates these testing methods or their scoring systems.
Some of the states do not allow non-NHTSA certified FST’s to be used as evidence of intoxication. However, California does allow these tests into evidence. A trained, experienced criminal defense attorney may attack the weight given the evidence, in light of the lack of scientific backing and reliability.
Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined that some tests are accurate indicators, to a degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies often use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication. Some of these non-standardized test include:
Alphabet Coin TestHand ClapFinger to NoseFinger CountRhomberg Balance
Because these tests lack standardization, they are designed for failure, not fairness. It is the officer’s own interpretation of the subject’s performance which determines failure. When police officers are questioned during cross-examination, they are unable cite any studies or scientific research which validates these testing methods or their scoring systems.
Some of the states do not allow non-NHTSA certified FST’s to be used as evidence of intoxication. However, California does allow these tests into evidence. A trained, experienced criminal defense attorney may attack the weight given the evidence, in light of the lack of scientific backing and reliability.
# posted by gopi @ 8:44 PM 
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