How do you attack the field/road sobriety test?


Well, just like breath and blood testing there are regulations dealing with the way these roadside sobriety tests are supposed to be done. In other words, for the horizontal gaze nystagmus, that's when they put the pen in front of your face, there are certain requirements on how many times each eye is supposed to be tested for whatever they're testing it for, how long the pen should take to go from center point out to endpoint, things of that nature. In watching videos, I time and watch each one to ensure that it's done according to the requirements that they have, and if it's not I'll bring that issue in front of the judge in order to keep that particular test out.

As it relates to the holding one foot off the ground and walking the line, well I really don't, again, don't care how good or bad you've done that because those don't have anything to do with your normal faculties. If you do really well on the roadside sobriety test, that's great. In other words, if there are 95 things you're supposed to do on the walk the line and you do 89 of them right, that's a pretty good score in my book. Honestly, again that's how you attack the roadside sobriety