Beating The DWI Field Sobriety Tests
Officers use three standardized sobriety tests, or coordination exercises, as we like to call them, to determine whether you are possibly impaired: the Horizontal Gaze Nystagmus Test (HGN), Walk and Turn, and One Leg Stand. These subjective tests are unreliable and poor indicators of intoxication.
At Adamo & Adamo Law Firm, we’ve made a career out of successfully challenging DWI field sobriety tests in Austin. When you call us, our first target in your defense will be the field sobriety test, because it is so unreliable. Its use is ubiquitous, and its results are considered unimpeachable, right up until our skilled team begins to review the reports. Our experience in this will help defend your rights.
What To Know About DWI Field Sobriety Test Inadequacy
Three studies, conducted in a lab, contributed to the development of the sobriety tests used today: 1977 Psychophysical Tests for DWI Arrests, 1981 Development and Field Test of Psychophysical Tests for DWI Arrests, and 1983 Field Evaluation of a Behavioral Test Battery for DWI.
Despite their fancy scientific titles, these studies have never been submitted for peer review or published in any scientific journals. Additionally, the 1977 study had a 47% false arrest error rate, meaning 47% of the time, the officer’s arrest was wrong. The 1981 study fared only slightly better, backing a 32% false arrest error rate.
Between 1995 and 1998, the National Highway and Traffic Safety Administration (NHTSA) conducted three sobriety test validation studies: the Colorado study, the Florida study, and the San Diego study. The point of these studies was to take the field sobriety tests out into the field under real conditions and have officers make arrest decisions. In the Florida study, 67% of all incorrect arrests failed the Horizontal Gaze Nystagmus test, and 70% of subjects under 0.08 (i.e., not legally intoxicated) failed the walk and turn test. In the San Diego study, 52% of subjects under 0.08 failed the walk and turn, and 41% of subjects under 0.08 failed the one-leg stand.
Finally, in 2007, NHTSA conducted the Robustness study, specifically looking at the HGN test and determining the impact of test variations from the protocol. While NHTSA believes this study validated the HGN test, looking at the numbers reveals the opposite. A false positive rate of 76.9% occurred when the stimulus speed was too fast (1 second instead of 2 seconds (protocol)). A false positive rate of 54.1% occurred when the stimulus height was either higher or lower than the protocol (2 inches above eye level). A 69.2% false positive rate occurred when the stimulus was farther or closer away than the protocol (12-15 inches in front of the face). The truth is, the HGN test has an incredibly high false positive rate. All three of the standardized tests are wrought with error. They are merely subjective opinions of an officer, often a predisposed officer with little training or knowledge about the tests.
Don’t Let A Faulty Test Destroy Your Future. Call Us.
Our DWI defense attorneys have many tools to attack the above coordination exercises. We’ve done this time and again and saved many of our clients from long, unpleasant consequences. We’ll fight for your rights just as hard. Call us at 713-237-8380 or send an email using this online form.