Oklahoma Criminal Defense Oklahoma Criminal Defense Lawyers AssociationLawyers Association

2012 Patrick A. Williams Criminal Defense Institute

June 28, 2012

INITIAL INVESTIGATION TO SEE IF SFSTs WERE FEASIBLE

• Burns & Moskowitz (1977) Psychophysical tests for DWI arrest. Final Report, DOT-HS-802-424, NHTSA

DEVELOPMENT OF PILOT PROGRAM FOR SFSTs

• Tharp, Burns and Moskowitz (1981) Development and Field Test of Psychophysical Tests for DWI Arrest, DOT-HS-805-864

FINAL FORMAT FOR PROMULGATION OF SFSTs

• Anderson, Schweitz & Snyder (1983) Field Evaluation of a Behavioral Test Battery for DWI (Driving While Intoxicated). Washington, D.C.: National Technical Information Service

VALIDATIONS OF SFSTS• Stetzer & Burns (1998) Validation of the Standardized

Field Test Battery at BACs Below 0.10 Percent Final Report. Anacapa Sciences, Inc. Santa Barbara, California

VALIDATIONS OF SFSTS• Stetzer & Burns (1998) Validation of the Standardized

Field Test Battery at BACs Below 0.10 Percent Final Report. Anacapa Sciences, Inc. Santa Barbara, California

• Burns & Dioquino (1999) A Florida Validation Study of the Standardized Field Sobriety Test (S.F.S.T.) Battery, State Safety Office, Department of Transportation, State of Florida and U.S. Department of Transportation Project No. AL-97-05-14-01

VALIDATIONS OF SFSTS• Stetzer & Burns (1998) Validation of the Standardized Field

Test Battery at BACs Below 0.10 Percent Final Report. Anacapa Sciences, Inc. Santa Barbara, California

• Burns & Dioquino (1999) A Florida Validation Study of the Standardized Field Sobriety Test (S.F.S.T.) Battery, State Safety Office, Department of Transportation, State of Florida and U.S. Department of Transportation Project No. AL-97-05-14-01

• Burns (2007) The Robustness of the Horizontal Gaze Nystagmus Test, U.S. Department of Transportation Final Report National Highway Traffic Safety Administration, DTNH22-98-D-55079

THE INVOLVEMENT OF THE AMERICAN OPTOMETRIC ASSOCIATION

• Good & Augsburger (1986) Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. American Journal of Optometry & Physiological Optics; 63(6): 467–471

THE INVOLVEMENT OF THE AMERICAN OPTOMETRIC ASSOCIATION

• Good & Augsburger (1986) Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. American Journal of Optometry & Physiological Optics; 63(6): 467–471

• Citek, Ball, O.D.& Rutledge (2003) Nystagmus testing in intoxicated individuals, Optometry 74(11)

SCIENTIFIC PAPERS REGARDING SFST VALIDITY• Booker (2001) End-Position Nystagmus as an Indicator of

Ethanol Intoxication. Science and Justice 41: 113-116

SCIENTIFIC PAPERS REGARDING SFST VALIDITY• Booker (2001) End-Position Nystagmus as an Indicator of

Ethanol Intoxication. Science and Justice 41: 113-116

• Booker (2004). The Horizontal Gaze Nystagmus Test: Fraudulent Science in the American Courts Science and Justice 44: 133-140

SCIENTIFIC PAPERS REGARDING SFST VALIDITY• Booker (2001) End-Position Nystagmus as an Indicator of

Ethanol Intoxication. Science and Justice 41: 113-116

• Booker (2004). The Horizontal Gaze Nystagmus Test: Fraudulent Science in the American Courts Science and Justice 44: 133-140

• O’Keefe (2001) Drugs driving -- Standardized Field Sobriety Tests: A Survey of Police Surgeons in Strathclyde Journal of Clinical Forensic Medicine 8: 57-65

SCIENTIFIC PAPERS REGARDING SFST VALIDITY• Booker (2001) End-Position Nystagmus as an Indicator of

Ethanol Intoxication. Science and Justice 41: 113-116

• Booker (2004). The Horizontal Gaze Nystagmus Test: Fraudulent Science in the American Courts Science and Justice 44: 133-140

• O’Keefe (2001) Drugs driving -- Standardized Field Sobriety Tests: A Survey of Police Surgeons in Strathclyde Journal of Clinical Forensic Medicine 8: 57-65

• Hlastala, Polissar & Oberman (2005) Statistical Evaluation of Standardized Field Sobriety Tests; Journal of Forensic Sciences 50(3): 1-8

HOW TO READ SCIENTIFIC DATA

HOW TO READ SCIENTIFIC DATA • On the average, not a single person would be

misclassified by the HGN test

HOW TO READ SCIENTIFIC DATA

• On the average, not a single person would be misclassified by the HGN test

• Nevertheless, 37% of the sober individuals were classified as intoxicated under perfect laboratory conditions

• Table 2 Good and Augsberger

HOW TO READ SCIENTIFIC DATA • On the average, not a single person would be

misclassified by the HGN test• Nevertheless, 37% of the sober individuals were

classified as intoxicated under perfect laboratory conditions

• In the field 83% of the sober individuals were classified as intoxicated

HOW TO READ SCIENTIFIC DATA

• In this, the most important of all the validations, 37% of the sober individuals were classified as intoxicated

HOW TO READ SCIENTIFIC DATA

• Finally, in the two sets of data from the latest (and presumably most definitive) study, Burns demonstrated that 79% of the HGN tests run on sober individuals under perfect laboratory conditions classified those individuals as being intoxicated

So, in conclusion, we can answer the question,

“Are the SFSTs designed to fail?”

They are designed to fail if you hold to the belief that the law’s great purpose is

to protect the innocent.”

For your future consideration:

If you think the SFSTs are a disgraceto society, you will be appalled at the charlatans and fakers who try to sell

you their “Drug Recognition Experts.”