7.2 Field Sobriety Testing

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2022 Ed.)

7.2 FIELD SOBRIETY TESTING

7.201 Background.

When government regulation of drunk driving first began in earnest, it became clear that a more reliable means of detection and enforcement was needed. The federal government attempted to standardize methods used to identify an intoxicated driver. The National Highway Traffic Safety Administration (NHTSA) sponsored research to contribute scientific validity to methods of identifying and evaluating a suspected impaired driver. NHTSA commissioned a group of scientists, under the direction and guidance of that agency, to evaluate the many methods used by the law enforcement community for identifying and testing drivers for impairment.

Before the NHTSA research effort, law enforcement had no standardized field tests for intoxication. Police officers were using everything from their own personally developed "tests," geographically designed coordination tests, and other tests that were taught at various police academies and schools throughout the country. A few of the tests were based on some degree of science or training, but many were not. In some instances, these early tests actually had no bearing whatsoever on measuring impairment. Others could actually confuse the issue to the point of convincing an officer to make an arrest when the only factor that could be verified was the odor of an alcoholic beverage. Even in the early days, however, certain officers or departments had stumbled upon or incrementally developed a battery of useful tests, and these needed to be disseminated to the law enforcement community as a whole.

NHTSA was faced with a daunting task. Was a particular test of any use in gauging impairment? Was a test nothing more than an excuse for an arrest and blood test? Did a particular test show impairment or nothing more than nervousness? NHTSA sought to answer these questions and develop a course of instruction that would benefit law enforcement officers, courts, and attorneys, and that would protect the drivers themselves.

NHTSA-sponsored research eventually developed twenty standardized "clues" (or "indicators") to assist field officers in identifying drivers who have a blood alcohol content (BAC) of over .10 percent. These clues helped officers economize on time by stopping those drivers who were most likely to be a hazard on the highway. Once officers were able to make the appropriate stops, NHTSA guidelines were developed to allow the officer to administer a standardized battery of tests to determine whether a driver was over the legal limit of .10 percent. Since the original research, newer clues have been developed to assist in identifying drivers in the .08 percent range and even to assist in identifying impaired motorcycle operators.

7.202 Early Research in the Laboratory Setting.

Beginning in the mid-1970s, the United States Department of Transportation teamed up with law enforcement authorities to develop a standardized battery of tests...