Even prosecutors know that practicing Field Sobriety Tests help
I was speaking to a young Harris County prosecutor recently about a DWI trial she had tried. I asked her about the case and she said that she lost because the defendant did the field sobriety tests 3 times and only the 3rd results of the test were captured on video. She said, "of course he looked good on the tests (on the video), he got to practice them 2 times before the tests were recorded."
So, what do I take from this? It's obvious form this short conversation that at least some of the Harris County prosecutors understand that practicing these field sobriety tests are difficult for those that have never done the tests before. There is also an acknowledgment that if given the opportunity to practice the tests (like the cops have done many, many times), a person accused of DWI may in fact not look intoxicated. Yet, it's these same prosecutors that get up and demand that juries find these individuals guilty of DWI.
Maybe a better course of action would be to have the cops give the tests 2-3 times before making a decision to arrest. Maybe if the citizen is given the opportunity to practice, he/she would not look intoxicated. I guess that would be too much to ask of our police when they are trying to label a citizen a criminal and stigmatize that person with a DWI / DUI conviction.
Image: Oregon DOT
