See also DUI / OWI / DWI / Drunk Driving Stop in Wisconsin.
I am certified to administer field sobriety tests in Wisconsin; I've taken and passed the same training as the police officers in the field. There are three "standardized field sobriety tests" in use in Wisconsin. "Standardized" means that they have been tested as to reliability and accuracy by an authority. It doesn't mean that they work. None of them is all that accurate or reliable! None have been validated for drug detection although officers often try to use them for that.
Here are videos of these three standardized tests. You'll need a flashplayer add-in to your browser to see them.
Here is a real nystagmus test, done by a neurologist:
These can be anything, from saying the alphabet backwards, or part of the alphabet to what Steve Martin showed in the movie "The Man With Two Brains."
Even many sober people can't pass the standardized tests, much less those that are shown in this movie. If you have had to do any of these tests, sit down as soon as you can and make notes about the tests and conditions under which you were asked to take the tests. Remember that if your shoes are likely to cause you trouble you should ask if you can do the test without them.
Here is another comedic view of field sobriety tests. It illustrates the idea that something can seem very easy if you've been trained on it and practiced it. Not so easy for someone trying to follow instructions. I've been told by someone I respect that this is no more difficult than the standard tests - just a matter of following instructions. Right!
If you want to see the science (or lack thereof) behind these tests, you might want to see this Statistical Analysis. In the studies used to validate these tests, almost a third of the people officers decided to arrest based on the tests were under the legal limit.
I advise against taking these tests. You do not have to take them. They are designed for people to fail, even when sober. See DUI / OWI / DWI / Drunk Driving Stop in Wisconsin - procedure. Note, our Court of Appeals says you can't pass these tests.
For more thoughts on what goes into defending against one of these tickets see my page on how to beat a Wisconsin OWI / DUI / Drunk Driving Ticket. If you are looking at a third offense, see DUI / OWI Treatment Court Dane County Wisconsin.
General thoughts (and videos) on talking to the police and what to do when you are stopped and they want to search.
This page is not intended to be legal advice or substitute for legal advice. It is intended to provide general information. Legal advice can only be given with a full understanding of the actual facts of a case, generally in a face-to-face consultation. Note that there are exceptions to many of the statements made here. No one should act or refrain from acting in court based on anything stated in this web page. My office does not give legal advice to non-clients over the phone or internet. Further, the law (and procedures) in criminal cases are changing rapidly. This page reflects procedures in place in Dane County, Wisconsin, on August 31, 2011.
DUI / OWI / Drunk Driving Cases - How this office approaches DUI / OWI cases. The need for an assessment and / or treatment along with competent legal assistance is discussed.
DUI / OWI Treatment Court - an option that must be considered in Dane County for some third-offense cases
DUI / OWI (Drunk Driving) Wisconsin Ten Day Warning - Why a defendant needs to take action before the court process even gets going.
DUI / OWI / Drunk Driving Math in Wisconsin - What Counts as a prior offense?
Wisconsin Judicial Sentencing Guidelines for OWI / DUI / Drunk Driving cases by County. (Each judicial district has different guidelines.)
List of Ignition Interlock Device Providers in Wisconsin
Dane County Wisconsin Court Brochures
Charles Kyle Kenyon - When Experience Matters
Former (Elected) District Attorney
Trainer / presenter / panelist for
National College of District Attorneys,
Department of Justice,
Wisconsin Public Defender
Drunk Driving (DUI / OWI / DWI) Defense Lawyer
Click on images above for larger view
This page last revised: 25 Nov 2013 12:15:36 -0600 .
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