Friday, July 29, 2011

DWI Tests - Does Anyone Pass?

The standardized field sobriety tests ("FSTs") - commonly used by police officers during their Drunk Driving investigations to determine whether a driver is under the influence of alcohol - are not meant to be passed.  Rather, more often than not, these "tests" are employed to confirm a suspicion the officer has already developed. Therefore, because you can can only "fail" these tests - my suggestion is don't take them.

What are FSTs?

Typically, they consist of 3 or 4 different exercises, such as the Walk-and Turn test, the One-Leg Stand test, Horizontal Gaze Nystagmus testing (ie., the follow the pencil with your eyes examination) and the alphabet recitation exercise.

In the end, no matter your feelings on how well you did on the tests, the officer's subjective opinion as to whether you "passed" or "failed" is all that really matters.

The FSTs Don't Prove Anything

These tests, which have been around for sometime, have unfortunately gained a certain aura of credibility with judges and juries; however, believe it or not they have no real basis in science for determining intoxication and as such I believe their useless.

As any police officer worth his salt will tell you, the decision to arrest someone is made at the driver’s window - not after these tests have been performed.  If that's the case, then why are drivers asked to perform these "test"? Generally speaking , you're asked to do these roadside gymnastics so that additional evidence can be gathered against you. 

Think of it, since the officer has already made up his mind to arrest you - is he going to be looking for things you do that change that opinion - or validate it?  Considering that these tests you are asked to be perform are often done under extremely stressfull situations, in less than ideal circumstances and weather - you have a recipe for disaster.

What Should You Do?

Contact the Rolloff Law Office today at (612) 234-1165 for your free, no obligation consultation. You need an aggressive Minnesota Criminal Defense Attorney on your side; someone who will listen to you and ensure that you get the best outcome for your particular case. Therefore, don’t hesitate - make sure you have the right representation by your side immediately.  

1 comment:

  1. Hi there! this is such an informative post. Thank you for sharing. Cheers!

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