Roadside DUI Field Sobriety Testing
We discourage motorists from submitting to these tests for many
reasons. First, the most accurate FST can only predict impairment at a
reliability rate of just 77%! The pen in front of the eye test is
called the Horizontal Gaze Nystagmus test or HGN. This test is designed
for emergency room doctors to diagnose head injuries, not for police
officers to check for alcohol impairment along side a freeway. There is
scientific literature to support the proposition that alcohol can cause
the eyeballs to "bounce" or move like a marble over sandpaper if a
motorist has a BAC of .100 or greater. However, there are dozens of
reasons OTHER than alcohol as to why an eyeball may be "bouncy" or
"jumpy".
The other two FST's are called the One-Legged Stand (OLS) and the
Walk-and-Turn (WAT). The OLS has a reliability rate of just 65% and the
WAT has a reliability rate of only 68%! With these margins of error, it
is highly recommended not to submit to field sobriety testing. In fact,
Ohio does not sanction the refusal to do these tests. BEWARE:
FAILURE TO DO THESE ROADSIDE TESTS WILL CERTAINLY RESULT IN YOUR ARREST
FOR DUI!! ASSESS YOUR OWN SITUATION IF ASKED TO DO THESE TESTS AND MAKE
YOUR OWN DECISION.
The DUI Defense attorneys at Koffel & Jump will immediately
evaluate the OFFICER'S performance on the FST's. In other words, we
will re-create each and every step, word, and action of the arresting
officer in the instruction, administration, evaluation, and scoring of
the field sobriety tests.
When deciding who to hire as a DUI defense attorney, it is
crucial that your attorney be extremely well-versed in the testing
procedures!