Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Investigation of DUI Cases: What are the SFST’s?
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- In this article we have described about the tests which the cops ask a person to perform during a DUI or drunk driving offense stop. The information that is provided in this article is pertinent to DUI offenses across the nation as SFST stands for Standard Field Sobriety Tests which means they are considered to be standard across the United States.
Investigation of DUI Cases:
What are the SFST’s? How do CA courts deal with FST’s that are not performed in accordance with NHTSA? These are the frequently asked questions about SFST’S. I have tried to give the answer to these questions.
Extensive studies of field sobriety testing (FST’s) has been done by The National Highway Traffic and Safety Administration (NHTSA) in order to determine the probability of intoxication. For many years Law enforcement agencies have utilized FST’s to develop probable cause for arrest and they have also used these FST’s as evidence to be used in the court in the prosecution for drunk driving. However, the accuracy of all FST’s has not been scientifically determined to be accurate reflectors of alcohol intoxication. When administered in a standardized manner, it was determined by the NHTSA that three FST’s are accurate indicators of alcohol intoxication. These tests are known as Standardized Field Sobriety Tests (SFST’s)
Horizontal Gaze Nystagmus (HGN)
HGN is an eye test .It is 77% accurate in reflecting a blood alcohol count (BAC) above .10%. Nystagmus is an involuntary jerking of the eyes at a certain angle, off to the side.
Walk-and-Turn (WAT)
WAT is a walking test. Its accuracy is 68% in reflecting a BAC above .10%.
One-Leg Stand (OLS)
This OLS test is done in a stationary position and its accuracy is 65% in reflecting a BAC above .10%.
The accuracy rate becomes 80% if HGN is used in combination with the WAT to determine a BAC above .10%.
The WAT and the OLS are “divided attention” tests. In divided attention tests a subject is required to listen to and follow instructions while doing so he is asked to perform simple physical movements. These tests are performed without any problem by sober individuals. However impaired individuals face much difficulty while performing these tasks as in these tasks their attention is divided between simple mental and physical exercises.
As I have already mentioned above that these FST’s in addition to SFST’s are utilized by law enforcement agencies. There is an advantage that is enjoyed by SFST’s and that is that they have scientific backing. On the other hand, FST’s do not have any such scientific data to support the conclusion that the drunk driving subject is intoxicated.
Examples of FST’S
The examples of FST’s are: the Rhomberg Balancing Test, Finger to Nose, Alphabet Test, Count Down, and Hand Pat, among many others.
Most courts will still admit the tests into evidence although the FST’s do not have scientific backing reflecting reliability. In California, all FST’s are allowed by courts and they are admitted as evidence, but by challenging the reliability of the non-standardized tests defense counsel can attack the weight of the evidence. While in other states only the actual SFST’s are allowed into evidence.
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