Why DWIs are different than other criminal defense cases
Even though many first time DWIs are “just” misdemeanors, they are actually some of the most complicated criminal defense cases from a scientific perspective. The reasons include: Standardized field sobriety tests (SFSTs): These are the police balance tests. In almost every DWI case, an officer will ask the suspect to perform a series of tests. Three of these – the horizontal gaze nystagmus, the walk-and-turn, and one leg stand – were developed by the National Highway Transportation Safety Administration (NHTSA), and are “standardized,” meaning that they are based on research (many of which is outdated and flawed – but that is another story), and they should be done the same every time. If they are not done the same every time, caselaw says that the tests can be “suppressed” and thrown out of court. But suppressing DWI tests requires an attorney to have an intimate understanding of how the tests should be correctly administered. For example, the horizontal gaze nystagmus te...
