STANDARDIZED FILED SOBRIETY TESTS -SFST'S

Question: Should I take the field sobriety tests?

Answer: No. You should not take the field sobriety tests.

• Do you know whether the SFSTs are designed for you to fail?

• Do you know what will make you “fail” the tests which which will lead to your arrest?

• What didn’t the officer tell you prior to instructing you to take a few tests?

• Did the officer leave out information instructing the tests?

• Did the officer tell you that you had the right to refuse the SFSTs?

• How many causes are there for Nystagmus besides alcohol related? (this is what they are testing your eyes for)

• Did the officer follow the standardized protocol when he administered the SFSTs or did he compromise the validity of the results of the “tests” and make an invalid arrest?

10 WAYS TO DISCREDIT FIELD SOBRIETY TESTS

FIELD SOBRIETY TESTS ARE NOT SCIENTIFIC- The original "studies" were performed by persons with a vested interest in getting their version of the so-called tests accepted by law enforcement agencies and the creators have continued to profit financially ever since.

THE OFFICER WAS NOT PROPERLY TRAINED TO GIVE THE TESTS AND PERFORMS THEM INCORRECTLY - The officers are usually trained in a police classroom by their friends and colleagues.  The officers are required to pass a certification test in order to tell the Judge that they are "certified" to administer SFSTs.  Interestingly, every officer that I have cross examined passed his certification and is an "expert".  That does not always mean that they perform the testing properly and we can attack the video performance in the courtroom, in front of the jury to discredit the evidence

THE OFFICER DID NOT USE STANDARDIZED NHTSA TESTS- As a SFST Instructor I review the performance of the arresting officer to determine whether he gave you the correct tests.

THE OFFICER DID NOT PROPERLY INSTRUCT YOU ON HOW TO PERFORM THE TESTS- Did the officer follow the Standardized Protocol while demonstrating and explaining the tests?

THE OFFICER DID NOT USE OBJECTIVE STANDARDIZED SCORING CRITERIA- Did the officer follow the Standardized protocol while judging your performance?

THE OFFICER HAD YOU PERFORM THE TESTS UNDER IMPROPER CONDITIONS -Did environmental factors inhibit or interfere with you during your performance of the tests?

YOUR AGE OR WEIGHT MAKE YOU AN IMPROPER CANDIDATE FOR TESTS- If you are 50 pounds over your recommended weight or over 65 years of age you should not be required to perform the tests. .

YOU HAVE A PHYSICAL DISABILTIY THAT MAKES YOU AN IMPROPER CANDIDATE FOR THE TESTS- Are there specific reasons why you are not qualified to attempt the tests - medical, personal, injuries, physical limitations?

YOU HAVE A PSYCHOLOGICAL CONDITION THAT MAKES YOU AN IMPROPER CANDIDATE FOR THE TESTS- Phobia of tests, anxious, fear of police, fear of performance tasks, depressed, past emotional trauma.

THE OFFICER LIED ABOUT YOUR PERFORMANCE ON THE TESTS- (Or he just tells a very slanted and subjective version).

If you are looking for an exceptionally trained and educated, DWI / DUI attorney to aggressively represent you on your DWI case or any criminal matter, call 512.278.0935 (Austin) or 210-DWI-DUDE (210.394.3833) (San Antonio) or contact me by e-mail at jamie@dwidude.com

If I am in trial, my personal assistant Ashley Nichols can assist you.
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