RATE YOURSELF
Did the police ask you to rate yourself?
The police routinely ask you to rate yourself from “0” to “10” that is “0” sober “10” extremely intoxicated. If the question was asked after you were arrested or were free from leaving, then your response may be suppressed as a violation of your right to remain silent. Do not allow self-incrimination. You have the constitutional right to remain silent. Use it!
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
Did the police ask you to rate yourself?
The police routinely ask you to rate yourself from “0” to “10” that is “0” sober “10” extremely intoxicated. If the question was asked after you were arrested or were free from leaving, then your response may be suppressed as a violation of your right to remain silent. Do not allow self-incrimination. You have the constitutional right to remain silent. Use it!
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, unhealthy, injured or suffers another medical condition which would affect them adversely if the tests were done, or if the results of the test would be inaccurate due to the condition.
NON-STANDARDIZED FIELD TESTS ARE INVALID
Did the police request that you do testing that is not recognized as standard and valid?
The Federal Government (NHTSA), Medical Science, or any DUI Testing Governing authorities, do not consider touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
TEST LOCATION & LANDSCAPE
Were the Field Sobriety Tests (FST) given on a flat surface away from the rush of passing traffic?
If the FST was conducted on a slope, uneven surface, on rocky or unusual terrain, or in the presence of heavy traffic; or if you were wearing constricting shoes or high heels; there is a good chance to argue that the FST had been improperly given due to the landscaping conditions or your restrictive apparel and results can not be relied on.
FAILURE TO DETERMINE IF THE ACCUSED IS AN APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES
Did the Police properly screen you for criteria that would determine if you were
eligible according to the set guidelines to participate in the tests?
If the defendant is 50 or more pounds overweight, over 60 years old, or has physical impairments that affect their ability to balance, he or she is not an appropriate candidate for these exercises. The NHTSA manual explicitly states that anyone falling in these categories should not even be given these tests.