How do you pass DUI field sobriety tests: Don't Take'em

Tuesday, 03 June 2008

A recent news story from Arizona raises an interesting question.  Heather Squires, 29 year old female, was arrested for DUI.  He blood test result came back at 0.00.  Not just sober, but stone cold sober.   She allegedly participated in voluntary DUI field sobriety evaluations.   One of two conclusions can be reached.  First, the field tests simply don't work.  Or Second, the DUI police officer did not perform the tests correctly.  Either result is hair raising.   This phenomenon is not exclusive to Arizona.  I have had a client that was arrested for DUI by a Forsyth County Sheriff's Deputy after field tests north of Atlanta, Georgia several years ago and the DUI blood tests came back 0.00.  Another client in Clayton County, South of Atlanta, Georgia was arrested for DUI and blew 0.02 on the Intox 5000.  He was over twenty-one and only 25% of the legal limit and arguably saver than a sober driver according to police breath testing training manuals.  Which raises an interesting question, How  do you pass DUI  voluntary field sobriety tests?  Short answer is you don't.   There are no criteria for passing only failing.  The criteria for faling are only 66%, 68% and 77% accurate for the One Leg Stand, Walk and Turn and Horizontal Gaze Nystagmus respectively according to the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests Manual.  So unless you know you can pass the DUI field evaluations don't take them.  If you take them make sure you hire a qualified DUI attorney to challenge the these DUI field tests.

 

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