Common Misconceptions About The Field Sobriety Test

Interviewer: What would you say is one of the top misconceptions that people have about the standardized field sobriety test?

Is The Test Itself Science-Based?

James Abate: One of the misconceptions is that it is scientific. It’s not. First, it depends on the test being performed correctly and none of the variables being adjusted. In fact, the manual states in bold letters that if any of the standardized field sobriety test elements is changed, the validity is compromised.

The Validity Of The Test Result Is Easily Compromised

But even if the variables are done properly, that the test given correctly is that you’re going to have a 66% chance of showing someone is intoxicated. When most people think of it beyond reasonable doubt, they’re not talking about 66%. It falls below the threshold and that means that nearly 3 out of 10 people who are arrested shouldn’t have been arrested based on statistics. It’s also given even after in a really slanted sample pool.

The Tests Are Often Administered Incorrectly

Most of the people who are given the field sobriety are people that the officer thinks may have been drinking. It’s questionable whether the officers give the test correctly. Another misconception is with doing the HTN test. That’s a test where they take the pen or stylus, they hold it in front of your eyes and move it back and forth and track your eye movements. It’s questionable whether that test is performed properly.

Interviewer: Why is that?

James Abate: Oftentimes the officers are supposed to start the test at the center of your line of vision, take 4 seconds and move to the left, hold it for 4 seconds, and move back to the center for 4 seconds. They then move to the right for 4 seconds, hold for 4 seconds then move back to the center again for 4 seconds.

The HGN Test May Be Administered Too Quickly

It takes 32 seconds just to set the test up. I see officers who give the complete test in about 45 seconds. Clearly, they’re going too fast. Sometimes it’s difficult to figure that out because the officer or trooper will invariably park their vehicle behind the driver’s vehicle and then take the driver in front of his vehicle to take the test. By doing that he’s cutting off the best angle of the video on the car.

But they get a little lazy with that and we can actually listen and figure out when they’re starting the test and when they’re finishing it. We can time it ourselves and we try to figure out how much time they took the test. They think we can’t see them but we can still listen to the audio recording.