Field Sobriety Tests: “No, thank you. North Dakota law does not require me to take these tests.”

Last year I wrote an important article on standardized field sobriety tests. In this article, I want to focus on improper testing procedures by law enforcement officers. As noted in the previous article, this is one of the main reasons you should not take the field sobriety tests. I want to focus on this particular issue because over the last year, I have observed numerous, troubling deviations from the approved scientific method. The Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test are all scientific tests. However, they are only scientific tests if the [...]

By | 2022-06-16T19:32:32+00:00 September 22nd, 2020|DUI|

Standardized Field Sobriety Tests: Should I take them?!

This article is based on my 23 years of experience, having zealously defended hundreds of DUI cases, reviewing hundreds of DUI police reports, and watching hundreds of police videos.  It is not intended to be politically correct, nor a thorough article on the science of standardized field sobriety tests. Instead, it is a no-nonsense, practical guide. In the 1970s, the National Highway Traffic Safety Administration developed three scientific tests to help determine if a driver is impaired due to alcohol consumption. The standardized field sobriety test battery consists of the Horizontal Gaze Nystagmus Test, the Walk and Turn test, and [...]

By | 2022-06-16T19:30:35+00:00 March 7th, 2019|DUI|

Does your vehicle scream, “Stop me, officer?!”

Don't toss your Fourth Amendment rights out the window. The Fourth Amendment of the United States Constitution protects Americans from "unreasonable seizures" from their government. This is a very important right that few countries have to protect their citizens from their government. Compare this to 1938 Nazi Germany, where law enforcement officers could stop any person on the street on a whim, and compel that person to produce his identification papers. In United States v. Brignoni-Ponce, 422 U.S. 873 (1975), the United States Supreme Court held that law enforcement officers cannot randomly stop a moving motor vehicle on a subjective [...]

By | 2022-06-16T19:00:20+00:00 March 19th, 2018|DUI, Traffic Violation|