The Fallacy of Field Sobriety Tests

In every DUI arrest in Kern County the police officer or CHP officer will give a series of field sobriety tests under the guise of determining their level of impairment.  The fallacy in this argument however is the fact that most FST’s do little to establish any level of sobriety.  The so-called tests require the suspect to perform abnormal tasks that are skewed in favor of the prosecution because the officer does not give the suspect the opportunity to practice or do dry run.  Indeed, even olympic athletes are permitted to train for physical tasks that are not within the realm of everyday human activity.   One local Kern County DUI Attorney has gone so far as to proclaim that the filed sobriety tests are not fair inasmuch as the officer does not give a score or grade the performance of the suspect on any objective level.  Many in the legal and scientific community have alleged that the officer does not give the DUI suspect a fair chance given the problems and inadequacies of the testing method.

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