Understanding the Criminal Justice System
The first line of defense in any DUI case is evaluating the Standardized Field Sobriety Tests (SFSTs) as given by the police officer. Now, because you read my blog, you should already know that you should not be performing these tests. But just in case you missed it, let’s review.
An officer that requests that you perform SFSTs is doing so because they have reason to believe that you have been operating a vehicle while intoxicated. Submitting to tests tests allows them to make specific observations about the way that your body is behaving.
These tests have to be done very specifically, pursuant to guidelines established by the National Highway Traffic Safety Administration (NHTSA). The tests must be performed in the order listed below. The officers must go through an instruction phase and then the performance phase. Both phases are required. So long as they do things pursuant to those guidelines, hence the term “standardized,” the results are quite accurate in estimating a person’s blood alcohol concentration (BAC).
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ToggleThe police will first read you a series of instructions at the beginning of each test. While they are doing this, they’re also paying attention to you. Here’s what you can expect during each instructional phase.
While you’re performing each of these tests, the officers are watching you for “clues” of intoxication. Once an officer observes a certain number of clues, which varies by SFST, you will automatically fail the test. Here’s what they’re looking out for.
Total Clues: Six, three for each eye. Four clues fails. There are no specific clues for vertical nystagmus.
Clues:
Total Clues: Eight, two in instruction phase, six in walking phase. 2 clues fails.
Clues:
Instruction phase:
Walking Phase:
Smaller jurisdictions will sometimes toss in some other FSTs for reasons I don’t quite know. Sure, it’s another test to make observations about someone’s body behavior. But it’s important to note that these aren’t standardized tests. As such, the results from these tests are NOT accurate indicators of a suspect’s intoxication levels.
Test of balance and time perception. Feet together, arms at sides, head tilted back, eyes closed. Subject estimates 30 seconds.
Test of balance and coordination. Heels and toes together, arms at sides, eyes closed, head tilted back, touch tip of finger to nose with both right and left index finger.
Hopefully you’ve found this helpful. If you or someone you know has been charged with a DUI offense, call 317-983-5333 to schedule your free consultation.