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.
Horizontal Gaze Nystagmus (you are getting very sleepy)
Here is a real nystagmus test, done by a neurologist:
Walk and turn or heel-to-toe test
One-leg stand - or Can you count from one-thousand-one to one-thousand
thirty?
Non-Standardized Field Sobriety Tests
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.
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.
See also:
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
Attorney at Law 5555 Odana Road, Suite
211 Madison, WI 53719-1280
Telephone (608) 308-9645
Since 1979
Former (Elected) District Attorney
Former Assistant State Public Defender
Extensive jury trial experience in cases
ranging from traffic to sexual assault / homicide
Thousands of
criminal cases since 1979
Appeals in Wisconsin Court of Appeals and
Supreme Court
This page last revised:
19 Oct 2023 15:32:59 -0400
.
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