ATTORNEY DONALD MOLNAR RECEIVES NHTSA CERTIFICATION IN DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTS

This month, Attorney Donald Molnar received certification in the NHTSA/IACP Standardized Field Sobriety Testing Practitioner Course. The intensive training course was offered by Dr. Lance Platt, renowned expert and instructor in the field sobriety testing.

For decades, police officers throughout the country have utilized a battery of standardized tests to detect impaired drivers. The three standardized tests used in DUI detection are horizontal gaze nystagmus (the eye test), the Walk and Turn, and the One-Leg Stand. Horizontal gaze nystagmus is an involuntary jerking of the eyes as the eyes follow a stimulus (pen or finger) from side to side. The Walk and Turn and One-Leg Stand are balance and coordination tests that require the subject to concentrate on several tasks at the same time. Prior to administering standardized field sobriety tests in the field, officers are required to participate in a 24-hour course on DWI/DUI detection and field sobriety testing. Officers are required to perform a proficiency examination before receiving certification to conduct these tests.

According to studies funded by the National Highway and Safety Traffic Administration, performance on these standardized field sobriety tests are correlated with blood alcohol content. It should be noted these tests have never been correlated to poor driving. This is important because not everyone with a blood alcohol of .08 or higher will be too impaired to drive. Alcohol affects everyone differently. Many factors, including gender, weight, tolerance, the amount of food eaten during drinking, can dictate how alcohol affects the individual. Despite the lack of correlation to poor driving, however, lackluster performance on the field sobriety tests is frequently used by police officers to justify arrest and prosecution for drunk driving.

Defense attorneys are often unfamiliar with the proper administration and interpretation of standardized field sobriety tests. Left unchallenged, a suspect's poor performance on these so called "scientifically validated" tests can be persuasive evidence of guilt. When the tests are properly broken down, however, it becomes evident that police officers routinely fail to administer the tests in accordance with NHTSA guidelines. NHSTA proclaims the validity of these tests is compromised if they are not performed in a standardized manner. In addition to improper administration of the tests, there are frequently alternative explanations for poor performance on these tests. For example, many non-impairing prescription drugs can cause nystagmus that is indistinguishable from nystagmus caused by alcohol. Back and knee injuries, age, fatigue, and other factors other than alcohol can cause difficulty on the Walk and Turn and One-Leg Stand.

The training received from Dr. Lance Platt will be instrumental in mounting successful challenges to field sobriety tests that will result in further dismissals and not guilty verdict in DUI cases.