| Almost all DUI investigations include
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| | mistakes. Sober people make many mistakes
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| having a California DUI suspect perform
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| | on this test given the complexity of the
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| various balance and coordination tests.
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| | instructions.
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| These tests are referred to as field
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| | The one leg stand is the easiest test to
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| sobriety tests or FST's. The theory
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| | administer, but for some suspects, the
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| behind these tests is that they test a
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| | hardest to perform. Being asked to place
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| person's ability to divide attention.
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| | your hands at your sides and balance on
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| Driving is portrayed as a divided
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| | one foot while keeping the opposite leg
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| attention task. One has to both operate
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| | perfectly strait and look down at your
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| the automobile and also pay attention to
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| | feet can be hard to do by the side of the
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| other cars, pedestrians, and traffic
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| | road under the stress of a law
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| controls on the road.
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| | enforcement detention at 3:00 in the
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| There are several FST's. The most common
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| | morning. I had one trial where I asked
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| are the horizontal gaze nystagmus, walk
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| | the officer to demonstrate this test. The
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| and turn, one leg stand, Rhomberg
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| | officer struggled, shaking and hopping
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| balance, finger to nose, alphabet, and
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| | before the jury. He failed the test, but
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| number count. Only three of these tests,
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| | said it was due to being nervous in
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| the horizontal gaze nystagmus, walk and
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| | court. Why did the officer fail to give
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| turn, and one leg stand are recognized by
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| | my client the same excuse?
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| the National Highway Traffic and Safety
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| | NHSTA's manual claims that if the three
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| Administration (NHSTA) as having a
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| | SFST's are performed correctly and scored
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| statistical validity. These three tests
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| | correctly, than they can have an accuracy
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| are called Standardized Field Sobriety
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| | rate of 91% for predicting a BAC of .08
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| Tests (SFST's)
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| | or above. These studies are of
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| The horizontal gaze nystagmus test
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| | questionable validity because they were
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| consists of the arresting officer asking
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| | all conducted by law enforcement agencies
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| the DUI suspect to keep their head still
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| | under unrealistic control, sample and
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| and follow a stimulus such as a pen or
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| | verification conditions. It is important
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| finger while the officer moves it in
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| | to emphasize that the 91% rate would only
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| front of their face. The officer is
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| | apply in a perfect investigation where
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| looking to see if the eyeballs jerk
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| | the tests were done correctly. In the
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| involuntarily (nystagmus). This is the
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| | vast majority of cases, a good DUI
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| SFST that has the greatest aura of
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| | defense attorney can find the defects to
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| scientific validity. However, in reality,
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| | help undermine the value of this evidence
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| it is junk science. There are some people
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| | in the prosecution's case.
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| who have nystagmus that is natural or
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| | There are common misunderstandings of the
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| caused by a medical condition. The
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| | role of FST's. Many people believe that
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| arresting officer can cause nystagmus by
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| | FST's can show impairment or prove that a
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| moving the stimulus too fast, holding it
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| | suspect has a certain blood alcohol
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| out too long, or holding it too close to
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| | level. The proper role of the FST's as
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| the suspect's face. Also, jerking motions
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| | testified to by the creator of the FST's
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| by the arresting officer can cause
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| | is to help the arresting officer decide
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| nystagmus. As a result, this test is
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| | to arrest the DUI suspect and take the
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| rarely performed correctly and properly
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| | DUI suspect to have a chemical test
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| by arresting officers.
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| | performed. That is really the only
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| The walk and turn is a deceptively simple
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| | purpose for FST's. Nevertheless, many
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| test, but in reality it is complex to
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| | prosecutors and others continue to insist
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| administer. Giving the proper
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| | that the test performance on its own is
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| instructions and demonstrating the test
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| | sufficient for conviction.
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| take practice and experience. Failure to
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| | It critical for the DUI defendant to
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| start the person off on the correct foot
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| | obtain a DUI lawyer who understands the
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| can sabotage the entire test and set the
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| | proper role and weaknesses of field
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| person up for failure. Minor sins like
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| | sobriety tests and can effectively
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| raising arms more than six inches for
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| | communicate these issues to juries and
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| balance are counted against the test
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| | judges.
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| subject. There are many places to make
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