Dallas criminal defense lawyer Robert Guest recently posted a very useful interview with field sobriety test expert Dr. Greg Kane. Robert contends that the field sobriety test guidelines that are a standard part of police officer training are based on flawed science. Dr. Kane's observations suggest that attorney Guest may have some valid points.

Specifically, Dr. Kane contends that researchers who validate the accuracy of currently used field sobriety tests do not test a cross section of the population - instead, the population tested is heavily weighted to include heavy drinkers. The tests, therefore, are designed to suggest that almost everyone taking a field sobriety test is impaired. In one review of the validation studies, 93% of individual whose blood alcohol content was below the Texas limit of .05% s failed the field sobriety tests. At a .08 BAC, the field sobriety test was only 29% accurate, meaning that 71% of defendants convicted based on field sobriety tests would be wrongfully convicted.

Dr. Kane goes on to say that the legitimacy and accuracy of field sobriety tests has been accepted as a given for so long that most defendants and their counsel fail to challenge the premise behind the tests, i.e. that the tests themselves have some association with a blood alcohol levels contemplated by DUI statutes.

If you are facing a DUI charge that is based on your performance on field sobriety tests, Dr. Kane's research may offer the foundation for an aggressive defense.