What Needs to Happen for Field Sobriety Tests to be Considered Valid?
Interviewer: What needs to happen for Field Sobriety Tests to be considered valid?
Jerald Novak: In order to have these tests be considered valid or appropriate, they have to do what is called a validation study. It’s important when you’re defending a case to see if the officer explained, and demonstrated, and scored the test properly, or if he violated any of the standard. If he violates the standard, then there’s no validation testing done on this modified version of the test which means that it’s just as much his guesses and the person’s guess to whether someone passed or failed the test. It’s critical that the tests are explained properly, demonstrated properly, and scored properly, and you’d be shocked how often one or more of those things is not done correctly.
The Purpose of the Field Sobriety Test
Interviewer: What is the purpose of the field sobriety test?
Jerald Novak: That’s a good question. The purpose of the standardized field sobriety test is to get you convicted of DUI. All joking aside, that’s really my belief is to what the purpose of those tests are because the standardized field sobriety tests are actually more difficult than driving. Really, to get your driver’s license, they shouldn’t give you a driving test. They should see if you can pass the standardized field sobriety test.