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Standard
Field Sobriety Tests do not meet the criteria for reliability
set by the relevant scientific community do to the absence of
sufficient data establishing a credible correlation between poor
performance and impairment.
Many people are under the belief that based upon the results of
Standard Field Sobriety Tests (SFST's) one can tell whether or
not a person is capable of operating a motor vehicle safely.
Such a belief is misplaced. Indeed, the tests developed for the
National Highway Safety and Traffic Administration (NHSTA) to
test motorists for Driving While Intoxicated are far from the
accurate and reliable indicators of a person's level of sobriety
that law enforcement officials would have you believe.
The test used today by law enforcement were originally evaluated
and developed based upon a 1977 study. This study tested
individuals with Blood Alcohol Contents (BAC's) ranging from
zero to .15. Even with such a great disparity between the
subjects, after putting the subjects through the SFST's the
researchers found a 47 percent error rate. That is, 47% of the
subjects were misidentified by Police Officers as being
intoxicated when they were not.
In 1981 a further study was conducted. In this study, the BAC
distribution of individuals was revised so as to reflect more
subjects with BAC's lower than .05 and more with BAC's closer to
.15. Not surprisingly the false arrest percentage went down to
32 percent. This is still a very high percentage.
Moreover, the designers of the tests have conceded that one's
inability to perform the Walk and Turn Test, One Leg Stand Test,
Finger to Nose Test, or Romberg balance test have nothing to do
with a person's ability to drive. In the case, State of Florida
v. Meador, et al.; one of the researchers who developed the
SFST's, Dr. Marcelline Burns, conceded that it is not possible
to measure a person's driving ability based upon SFST's
performance.
Most importantly, SFST's are divided attention tests, anything
that effects a person's ability to concentrate will ultimately
effect a person's ability to perform the tests. One can hardly
imagine a more disconcerting experience than being on the side
of the road in the morning attempting to perform SFST's with a
Police Officer hovering over you, flashing police lights in your
face, and cars passing by you as you attempt to perform tasks
that on your best day, under virtually no pressure, you could
not perform to the Police Officer's satisfaction.
Another problem with SFST's is that they require a subject to
perform tasks that are not normal. For example, how many of us
on a daily basis have the occasion to walk a straight-line heel
to toe, while counting out loud, and with our arms at our side,
or holding one foot six inches off the ground, arms at our side,
while counting to 30 by one thousandths. By asking a suspect to
perform these tasks which are not normal, and then judging him
on how well he performs these tasks, even though they have never
seen him perform these tasks before, the Police in essence are
virtually guaranteeing a built in failure. A more troubling fact
is that in essence the Police are making determinations and
grading a suspect as to how he or she would perform normally on
these tests when in reality they do not know.
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