New Sobriety Tests Chapter: Key Takeaways
Premium Partners, your newly revised online edition of Michigan Drunk Driving Law and Practice has an all-new chapter on standardized field sobriety tests (SFSTs). This chapter breaks down how SFSTs should be administered and gives lawyers the tools to identify procedural missteps and effectively challenge the evidence in court.
Here are some key takeaways from Chapter 6: Standardized Field Sobriety Tests, authored by lawyer Edward Jacob Sternisha.
1. “Substantial Compliance” with NHTSA Standards
Under MCL 257.62a, a test qualifies as a “standardized field sobriety test” only if it is conducted in substantial compliance with the National Highway Traffic Safety Administration (NHTSA) protocols. Defense lawyers should compare the officer’s actions with NHTSA’s current manual, as meaningful departures may be grounds to challenge the admissibility or weight of the SFST evidence.
2. Horizontal Gaze Nystagmus (HGN): Easily Misapplied
NHTSA provides for a detailed, step-by-step process for administering the HGN test. Because the test is sensitive to errors—such as holding the stimulus too close, moving it too quickly, or failing to rule out medical conditions—lawyers should compare the officer’s actions to the precise NHTSA procedures to determine whether the test was administered in a standardized manner.
3. Walk and Turn, One-Leg Stand: Use Only NHTSA-Recognized Clues
The walk and turn (eight clues) and one-leg stand (four clues) each have a fixed set of standardized clues that may be scored. Because officers sometimes treat actions not listed in the NHTSA manuals as clues, lawyers should compare the officer’s scoring to the defined standards and challenge any overcounting.
4. Video Evidence Is Crucial for Verifying Proper Procedures
Bodycam and dashcam recordings are vital evidence sources for both sides. Video may confirm if instructions were given correctly, if the environment was suitable, and if the officer performed every necessary step.
5. Physical, Medical, and Environmental Factors Should Not Be Ignored
NHTSA training directs officers to consider factors that may affect a person’s ability to perform SFSTs, including age, injuries, medical conditions, footwear, and environmental conditions such as uneven pavement or poor lighting. Failure to account for these limitations may diminish the reliability of the tests and support defense challenges.
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