#drunk tests

We call them Standardized Field Sobriety Tests (“SFSTs”), but what is really standardized?  Generally, 3 things are standardized about the SFSTs: (1)    The administration of the tests.  This means that the tests must always be administered in the same manner.  This even includes standardization of the location where the tests are given; (2)    The officer administering the tests should always look for a specific set of clues unique to each test; and (3)    The Officer must score each test using the standardized scoring system. So, there is a prescribed way that the tests must be given each time, only certain pre-set clues count, and the tests must be scored according to the guidelines. The SFSTs were established after a series of tests conducted by the National Highway Traffic Safety Administration (“NHTSA”).  In the late 1990’s NHTSA sponsored three additional studies aimed at validating the SFSTs. According to NHTSA, the results of these studies provide clear evidence of the validity of the tests.  NHTSA further states that the studies support arrest decisions at “above or below” 0.08% and that the results strongly suggest that the sobriety test battery accurately discriminates blood alcohol concentrations at 0.04% and above. However, it should be noted that the validity of these tests has been criticized and the legitimate scientific value of the SFSTs has also been questioned. Above all, persons studying the general validation of the SFSTs should note this major point from the manual provided to officers: “IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN: •    THE TESTS ARE ADMINISTERED IN THE PRESCRIBED, STANDARDIZED MANNER •    THE STANDARDIZED CLUES ARE USED TO ASSESS THE SUSPECT’S PERFORMANCE •    THE STANDARDIZED CRITERIA ARE EMPLOYED TO INTERPRET THAT PERFORMANCE. IF ANY ONE OF THE STANDARDIZED FIELD SOBRIETY TEST ELEMENTS IS CHANGED, THE VALIDITY IS COMPROMISED.” Copyright © The Oberman & Rice Law Firm Steve Oberman, Attorney at Law, Certified Specialist in DUI Defense Law Sara Compher-Rice, Attorney at Law (865) 249-7200 www.duiknoxville.com www.tndui.com