I failed my Field Sobreity Tests (FST). Does that mean I am guilty of DUI?

Unlike many attorneys I go beyond the field sobriety tests to determine whether or not probable cause exists. Simply stated, Field Sobriety Tests are designed to make you fail. The requested tests are inconsistent with our daily activities. I am sure you would agree that no normal person conducts a daily exercise where he/she stands with one leg in the air for 30 seconds without moving from side to side. Likewise, no normal person walks heel to toe for 9 steps before taking a 4 point pivot and walking heel to toe another 9 steps.

Field sobriety tests are not divided attention tests. They are, however, an objective evaluation as to whether or not a person has blood alcohol content above .10 percent. To be valid, the test must be administered in a prescribed standardized manner; the standardized clues must be used to assess the suspect’s performance; and the standardized criteria must be employed to interpret that performance. If any one of the standardized field sobriety test element is changed, the validity is compromised. It has been my experience that most police officers do not administer the field sobriety tests properly. Please note that when the tests are administered properly they are only accurate less than 70% of the time.

I always carry a copy of the training manual utilized to train law enforcement officers. As you may expect, the officers are often surprised to be cross-examined about their own training at trial. Rest assured that I know the tests as well as, if not better, than the officer who administered the test.

Theses common phrases show up in nearly every DUI case:
 Red, bloodshot eyes
 The odor of an alcoholic beverage
 Staggered gait
 Disheveled appearance
 Slurred speech

However, there are a number of reasons, notwithstanding the influence of alcohol that such symptoms do appear. Therefore, I look beyond those common phrases to examine the actual facts of the case.

Thus, I look beyond the tests and determine whether the things we do in normal, everyday life, such as standing and walking normally were indicative of intoxication. Following my discussion with the police officer, I will give you my opinion as to whether the Probable Cause to Arrest issues can successfully be resolved in our favor by filing a Pre-trial motion.

For more information, contact me directly at dean@centralPennDUIDefense.com or go online to http://www.DUI-Case-Evaluation.com