More details to this question:
My entire life I feel like I have been under an impression that DUI field sobriety tests are pass or fail. If you do not do good on them you fail and if you do, you pass. The other day, I was looking around on the computer and online and I came across some stuff that suggested that this was not true. What's the truth?
8 ANSWERS
Geoffrey MacLaren Yaryan
It's true that DUI field sobriety test are generally pass or fail although many argue that this should not be the case. I usually argue to juries that this is a flaw and that they should not consider testimony using a pass or fail standard.
Answered on Jan 03rd, 2013 at 5:04 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The cops will score it as pass / fail. A defense lawyer will point out what is done right versus wrong.
Answered on Dec 28th, 2012 at 3:35 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The truth is that field sobriety tests are subjective in nature. It is not necessarily how well you perform, but how well the police officer giving the tests thinks you performed.
Answered on Dec 28th, 2012 at 9:55 AM
Wrong. FST's are failing/fail tests. Nobody ever passes them. If you do 19 things right out of 20, guess what will end up in the police report? That's right, the 1 thing you did wrong.
Answered on Dec 28th, 2012 at 9:55 AM
Personal Injury Attorney serving Covington, KY
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Law Offices of Christopher L. Jackson, LLC
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Field sobriety tests are pass/fail based on clues the officer observes during the test. Remember, depending on the test, a fail is only a 60-70% indicating that a person is under the influence of alcohol. Also, unlike the breath test, there is no penalty for refusing the field sobriety tests.
Answered on Dec 28th, 2012 at 9:51 AM
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These tests are just balancing test that law enforcement and the law use to determine if the officer thinks the person has had too much to drink. The Pass/Fail idea is probably correct but it is more than that. The count up clues that the person does or doesn't do and then with the observations and smell and attitude of the person determine if they believe he/she has had to much to drink.
Answered on Dec 27th, 2012 at 11:54 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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It depends on whether the officer was trained on standards like the NHTSA protocols and administered them and scored them in a standardized fashion.
Answered on Dec 27th, 2012 at 9:22 PM
Gary Moore
The test result must be deemed by the Court to be admissible and not the product of some extraneous cause.
Answered on Dec 27th, 2012 at 9:13 PM