Olathe, Kansas Court

Drunk Driving is perhaps one of the most common crimes charged in Olathe, Kansas.  If you were arrested or ticketed for an Olathe DUI, you were most likely asked by the Olathe police officer to take Field Sobriety Tests, also known as FST. The following briefly explains the FST.

1. Horizontal Gaze Nystagmus Test, HGN:

According to NHTSA (National Highway Traffic Safety Administration), Nystagmus is a natural occurrence involving the involuntary jerk of the eyes. Alcohol/Drugs may exaggerate nsytagmus, but is not the cause. There are other factos which could exaggerate nestagmus, such as: seizure medications, PCP, inhalants, barbiturates, and other depressants. Also, a large disparity between the performance of the right and left eye may indicate a medical condition.

The three clues for the HGN test which an officer relies on determine his opinion on intoxication is:

i. The eye cannot follow an object smoothly

ii. Nystagmus is distinct when the eye is at maximum deviation

iii. The angle of onset of nystagmus is prior to 45 degrees.

According to the NHTSA Training Manuals, if the Olathe Officer observes four or more clues total for both eyes, it is likely that the suspect's BAC is above 0.10. Using this criterion you will be able to classify correctly about 77% of your suspects with respect to whether they are above 0.10.

2. WALK-AND-TURN TEST

Before the test, the Olathe Officer is supposed to ask if the person taking the test has had any injuries or other conditions which might affect his ability to walk or balance, including head, back, neck and leg injuries. The Olathe DUI Officer will then have the have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:

i. 'Place your left foot on the line' (real or imaginary). Demonstrate.

ii. 'Place your right foot on the line ahead of the left foot, with the heel of the right foot against the toe of the left foot'. Demonstrate.

iii. 'Place your arms down at your sides'. Demonstrate.

iv. 'Keep this position until I tell you to begin. Do not start to walk until told to do so'

v. 'Do you understand the instructions so far?' (Make sure suspect indicates understanding.)

vi. "Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:

vii. 'When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back.' (Demonstrate 3 heel-to-toe steps.)

viii. 'When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this' (Demonstrate)

ix. 'While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.'

x. 'Once you start walking, don't stop until you have completed the test.'

xi. 'Do you understand the instructions?'

xii. 'Begin, and count your first step from the heel-to-toe position as 'One'.'

The following are the NHTSA standardized clues and scoring for the Walk-and-Turn Test:

i. Cannot keep balance while listening to instructions . Record this clue only if the suspect does not maintain the heel-to-toe position throughout the instructions. The feet must actually break apart. Don't record this clue if the suspect merely sways or uses arm for balance.

ii. Starts before instructions are finished . Record this clue if the suspect starts after being told not to start walking 'until I tell you to begin'.

iii. Stops while walking . The suspect pauses for several seconds. Do not record if the suspect is merely walking slowly.

iv. Does not touch heel-to-toe . Record this clue if there is more than one-half inch of space between the heel and toe on any step.

v. Steps off the line . The suspect steps so that one foot is entirely off the line.

vi. Uses arms to balance . The suspect raises one or both arms more than 6 inches from the sides in order to maintain balance.

vii. Improper Turn . The suspect removes the front foot from the line while turning. Also record this clue if the suspect has not followed directions as demonstrated, i.e. spins or pivots around.

viii. Incorrect Number of Steps . Record this clue if the suspects takes more or fewer than nine steps in either direction.

Two or more clues correctly classifies 68% of the suspects as having a BAC of 0.10 or above.

3. ONE-LEGGED STAND TEST

If following NHTSA standards, the Olathe Officer will give the following instructions:

i. Please stand with your feet together and your arms down at your side, like this.

ii. Do not start to perform the test until I tell you to do so.

iii. Do you understand the instructions so far?

iv. When I tell you to start, raise one leg, either leg, approximately six inches off the ground, foot pointed out.

v. You must keep both legs straight, arms at your side.'

vi. While holding that position, count out loud in the following manner: 'one thousand and one, one thousand and two, one thousand and three, until told to stop.

vii. Keep your arms at your sides at all times and keep watching the raised foot.

viii. Do you understand?

ix. Go ahead and perform the test.

Under NHTSA, the following are the Clues and Scoring:

i. The suspect sways while balancing . This refers to the side-to-side or back-and-forth motion while the suspect maintains the one-leg stand position.

ii. Uses arms for balance . Suspect moves arms 6 or more inches from the side of the body to keep balance.

iii. Hopping . Suspect is able to keep one foot off the ground, but resorts to hopping in order to maintain balance.

iv. Puts foot down . The suspect is not able to maintain the one-leg stand position, putting the foot down one or more times during the 30-second count.

According to NHTSA, if the suspect scores two or more clues, there is a good chance his BAC is 0.10 or above, according to the original research. Using that criterion, you will accurately classify 65% of the people tested.

Doubts and Criticism about the validity of the field Sobriety Tests:

i. The field studies validated the arrest decisions of the officers, not the SFST's themselves;

ii. The police officers and the degree of supervision in the field studies were not typical of typical DWI stops;

iii. The studies are insufficiently documented for scientific papers;

iv. The authors did not report the accuracy of arrest decisions for stops that were observed vs. those that were not, or for SFST's performed under adverse climatic conditions vs. those that were not;

v. none of the SFST field studies have been published in peer-reviewed scientific journals, and

vi. Many scientists and experts question the accuracy of the FST. In fact, studies have been done which show officers often wrongly interpret field sobriety tests.

If you have been charged with Driving under the Influence or any other crime, call my Olathe Law Office to speak with an experiened Criminal Defense and DUI lawyer.