Is it important if field sobriety tests are correctly administered? The answer is Yes. In Homan v. State, the court determined that in order for the results from field sobriety tests to serve as evidence of probable cause to arrest, the police must have administered the tests in strict compliance with standardized testing procedures. Why is this important to you if you have been charged with a DUI in Utah? Because if the police officer gave you the field sobriety tests and did them wrong then you may be able to establish that the police officer never had probable cause to arrest you for the DUI. Not performing the field sobriety tests correctly can be fatal for the prosecution in a DUI case.
One reason that the field sobriety tests must be performed correctly is because they can be considered scientific.
“In contrast to the psychomotor field sobriety tests, it appears that a majority of jurisdictions view the HGN test as being scientific in nature and not within the common understanding of lay persons. See Van Hazel, 468 F.Supp.2d at 796; but see State v. Boczar, 113 Ohio St.3d 148, 863 N.E.2d 155, 160 (Ohio 2007). In California, HGN tests are considered scientific in nature. Leahy, 8 Cal.4th at 607, 34 Cal.Rptr.2d 663, 882 P.2d 321.12 However, because a published California appellate decision has held that HGN testing is generally accepted in the relevant scientific community, see People v. Joehnk, 35 Cal.App.4th 1408, 1508-09 (1995), no scientific expert testimony is required and a police officer may report the results of an HGN test provided that a foundation is laid that the test was administered properly and that the officer is qualified, i.e. has the requisite training and experience to administer the test. See Leahy, 8 Cal.4th at 611, 34 Cal.Rptr.2d 663, 882 P.2d 321. It does not appear that the Ninth Circuit has addressed the admissibility of the HGN test.”
United States v. Nguyen, CRF06-0075 AWI, 2008 WL 540230 (E.D. Cal. Feb. 25, 2008)
At Arnold, Wadsworth & Coggins Attorneys, we offer a free consultation to go over the facts in your DUI case in Utah. At the consultation, we will review every step of the arrest and field sobriety testing to see if standards were complied with. Call (801) 475-0123 today.
