Deficient Investigation Procedures: Invalid Arrests
Police officers across the country are trained in the National Highway Traffic Safety Administration's "standardized field sobriety tests." These tests consist of the one-leg stand (standing on one leg for approximately 30 seconds while counting aloud), the walk-and-turn (nine heel-to-toe paces, pivoting and nine heel-to-toe paces back), and the horizontal gaze nystagmus test (an eye evaluation, where an officer looks for an involuntary jerking in the eyes). These three tests have been subjected to various studies, and they are endorsed by the International Association of Chiefs of Police. Although the tests are subject to serious questions and criticisms, these tests are currently the "best" tests that a police officer can use to determine whether a person should be placed under arrest for drunk driving.
But Michigan police officers are generally not trained in these tests. Our state allows any so-called "test" invented by police officers or police academies to be used in the field. The hodgepodge of self-styled exercises lacks statistical validity, but those exercises may be subject to challenge. Even those officers who are properly trained typically do not follow the NHTSA standards or testing protocols, and they hurry through the administration of the standardized tests. As a result, Michigan police officers frequently decide a driver's fate in only a few minutes. The officer's administration of field sobriety tests and a motorist's ability to perform those tasks are critical aspects of the case that must be properly analyzed.
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