| Investigation of DUI Cases:
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| | reflects an 80% accuracy rate in
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| What are the SFST's?
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| | determining a BAC above .10%.
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| How do CA courts deal with FST's that
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| | The WAT and the OLS are "divided
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| are not performed in accordance with
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| | attention" tests. Divided attention
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| NHTSA?
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| | tests require a subject to listen to and
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| The National Highway Traffic and Safety
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| | follow instructions while performing
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| Administration (NHTSA) has done extensive
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| | simple physical movements. Sober
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| studies of field sobriety testing (FST's)
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| | individuals are supposed to perform these
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| in order to determine the probability of
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| | tests with no problem. Impaired
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| intoxication. Law enforcement agencies
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| | individuals, however, have difficulty
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| have utilized FST's for many years to
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| | with tasks requiring their attention to
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| develop probable cause for arrest and as
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| | be divided between simple mental and
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| evidence to be used in the prosecution
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| | physical exercises.
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| for drunk driving. However, not all
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| | As mentioned above, law enforcement
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| FST's have been scientifically determined
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| | agencies utilize FST's in addition to
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| to be accurate reflectors of alcohol
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| | SFST's. The SFST's have an advantage in
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| intoxication. NHTSA has determined that
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| | that they have scientific backing.
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| three FST's are accurate indicators of
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| | However, FST's do not have such
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| alcohol intoxication, when administered
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| | scientific data to support the conclusion
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| in a standardized manner. These tests
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| | that the drunk driving subject is
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| are called Standardized Field Sobriety
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| | intoxicated. Examples of FST's include:
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| Tests (SFST's):
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| | the Rhomberg Balancing Test, Finger to
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| 1. Horizontal Gaze Nystagmus (HGN). HGN
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| | Nose, Alphabet Test, Count Down, and Hand
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| is an eye test that is 77% accurate in
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| | Pat, among many others.
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| reflecting a blood alcohol count (BAC)
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| | Even though the FST's do not have
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| above .10%. Nystagmus is an involuntary
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| | scientific backing reflecting
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| jerking of the eyes at a certain angle,
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| | reliability, most courts will still admit
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| off to the side.
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| | the tests into evidence. In California,
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| 2. Walk-and-Turn (WAT). WAT is a
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| | courts allow all FST's into evidence, but
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| walking test that is 68% accurate in
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| | defense counsel can attack the weight of
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| reflecting a BAC above .10%.
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| | the evidence by challenging the
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| 3. One-Leg Stand (OLS). OLS is a test
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| | reliability of the non-standardized
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| done in a stationary position that is 65%
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| | tests. Other states only allow the
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| accurate in reflecting a BAC above .10%.
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| | actual SFST's into evidence.
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| The HGN in combination with the WAT
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