The officer may then ask the driver to step out of the vehicle and perform field sobriety tests. According to Mr. Price, Dr. Burns had to admit to a number of short-comings in all of the NHTSA studies. Did you submit to field sobriety tests? At the Law Offices of Mark Deniz, we are experienced in dealing with cases involving failed or refused field sobriety tests. Furthermore, the science of DUI is always evolving. When 14 police officers with a median experience level of 11.7 years were asked to view the tapes, they identified the subjects as too drunk to drive 46 percent of the time.
These are the only clues for the HGN test and they have to be looked for in that order. Each eye is checked two times in the HGN test. For example, in an article discussing the history of the NHTSA studies, Alabama attorney Phillip Price quotes extensively from the sworn trial testimony of the lead author of the study from SCRI, Marcelline Burns. Attorney Mark Deniz is a member of the California DUI Lawyers Association, National College of DUI Defense, as well as several other organizations. He attended the prestigious National DUI college at Harvard Law School. He is kept abreast of every new viable defense that can be raised. Finally, he was a prosecutor who dealt with these issues from the other side. Since the number of people in the easy-to-detect ranges (above .15 percent or below .05 percent) went up in the 1981 study compared to the 1977 study, the accuracy rate should have automatically gone up.
The officer must then demonstrate the test, but only a few steps and the turn. Moreover, the testifying officer must demonstrate his or her expertise and training in the area and explain the basis of the tests, their administration, and their results in the particular case, in order for the results to be legally meaningful. A field sobriety test is administered after an officer has pulled a driver over for suspected drunk driving.