Transcript of Video:
Problems With DWI Standardized Field Sobriety Test
My client took the right number of steps on the walk and turn, but the officer failed her anyway. Would you like to know what happened? Hi, I’m Tim Rountree and I want to talk with you about a real problem in field sobriety tests- officers often make mistakes giving and/or grading the tests.
Have you ever watched baseball on TV? It is amazing how often an umpire will call a strike, when the replay shows the ball was far outside the strike zone. Unfortunately, there is not much a player can do when that happens. Even when the video replay shows he was wrong. A strike is what the umpire says it is. The umpires opinion is the final word.
That is not the way field sobriety tests are supposed to be. There are specific standards the officer is must follow while grading the tests. The officer is not supposed to count strikes against you when you were following his rules. But I have seen this happen time and time again.
The Officer’s Mistake:
Just the other day, I was reviewing a police report and DWI video. The officer wrote in the report that my client took the wrong number of steps on the walk and turn test. So he considered that a clue of intoxication. But, when I reviewed the video, it showed that she actually took the correct number of steps. The officer was watching her, but he failed to properly keep track of the number of steps she took.
That is just one of many mistakes I have seen officers make when giving field sobriety tests. Field sobriety tests are not like baseball and we shouldn’t let the officers word be the final word. When you have been arrested for DWI it is important that your attorney takes the time to review your video, the police reports, and any other evidence in the case. That is one of the best ways to catch officer mistakes in DWI arrests.