Overland Park Criminal Law Attorney | Olathe Drunk Driving Defense Lawyer | Shawnee

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Field Sobriety Testing

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Virtually every Kansas DUI and Missouri DWI case involves one or more of the Standardized Field Sobriety Tests (SFST) and one or more of the non-standardized field sobriety tests. Kansas City criminal defense attorney Adam Peer is trained and certified in field sobriety test procedure and protocol. He is qualified to administer the tests and skilled at evaluating whether the officer has administered the tests to you in a way that is consistent with the standardized procedures established by the National Highway and Traffic Safety Association (NHTSA). This is vital because the reliability of the tests expressly depends on whether they are administered properly and in a standardized manner. Kansas City criminal attorney Adam Peer is qualified to conduct a skillful cross-examination of the officer or officers who arrested you and determine whether the proper protocol was followed in your case.

Standardized v. Non-Standardized Field Sobriety Tests:

Only three of the field sobriety tests are standardized. These three tests, if administered properly, do possess some level of scientific validity. Many of the non-standardized field sobriety tests, however, have no scientific validity – although some courts fail to properly differentiate between the two. This is why it is important to hire a skilled and experienced Kansas City criminal law attorney who understands the difference – as the police do.

Even the scientific validity of the standardized field sobriety tests is highly questionable. The scientific method requires a control (an individual’s baseline coordination and ability to focus), a variable (the level of alcohol in a person’s system), and the experiment (how the subjects’ performance is affected by the introduction of alcohol). The scientific method also requires a scientist to conduct the experiment in exactly the same way every time and requires publication so that peers in the scientific community can conduct identical tests to see whether they observe similar results. These procedures are the cornerstones of the scientific method.

Accordingly, although the SFST’s are “standardized,” they are far from scientific. First, they are rarely administered in a uniform fashion or under similar circumstances. Further, SFSTs have never undergone the crucial step of peer review. Finally, there is no control – i.e. no baseline level of coordination or ability to focus is ever measured when each motorist is “sober.” The field sobriety tests are based on a myth that all motorists have roughly the same level of coordination. Without a control and without peer review, they cannot truly be called scientific tests. Nonetheless, the government labels them this way, which is why it is important to have an experienced Kansas City criminal attorney who understands these issues and can explain them to the judge and jury.

You only have a limited time to file the appeal of your driver’s license suspension after a Kansas DUI or Missouri DWI arrest. So, if you have been arrested for a Kansas DUI or for DWI in Missouri, call Kansas City criminal defense attorney Adam Peer right now for a free, confidential case evaluation.

Overland Park Criminal Law Attorney | Olathe Drunk Driving Defense Lawyer | Shawnee

phone icon PHONE (913) 553-4222
phone icon FAX (913) 416-4346