Do you watch Jeopardy? On Jeopardy they give you the answer and the contestants guess the questions.
DWI field sobriety tests are performed just like Jeopardy. You see the answer to the field sobriety tests in that the officer attempts to perform them for you (although they routinely make mistakes). But the officer never tells you what the question is; suspects are never told what they will be graded on.
For example, in the One Leg Stand Test the NHTSA manual tells officers to count the following as clues the suspect is intoxicated-
The suspect sways while balancing. This refers to side-to-side or back and forth motion while the suspect maintains the one-leg stand position.
Uses arms for balance. Suspect moves arms 6 or more inches from the side of the body in order to keep balance.
Hopping. Suspect is able to keep one foot off the ground, but resorts to hopping in order to maintain balance.
Puts foot down. The suspect is not able to maintain the one-leg stand position, putting the foot down one or more times during the 30-second count.
The police never tell suspects not to sway. They also never tell you that hopping is verboten. Suspects are told that if they put their foot down, then just pick it back up and start counting. They are never told that this will be counted against them.
Field Sobriety testing is fraudulent science that has been accepted for too long. DWI hysteria has eroded our rights to the point that we allow the police to make up evidence of intoxication.
DWI Jeopardy– Don’t play it. Exercise your rights and call a lawyer before taking these fraudulent tests.