Allow me first to introduce myself. My name is Grandell. I am currently pursuing a dual bachelor's in psychology and human services, with plans to pursue a master's in mental health counseling and a doctorate in psychology, specializing in neuropsychology. During my research, I discovered that the field sobriety tests (FSTs) are not entirely fair and contain much bias regarding mental health disorders and physical impairments. Given that the public opinion of the police has not been entirely favorable due to recent events, I have taken the liberty to create this change.org campaign in the hope of shedding light on potential injustice. While I personally believe a police system is necessary for our society to continue to prosper, I also believe much of the system needs to be revamped and updated to meet current social standards and practices. 

Sobriety tests pose a risk of miscommunication and human bias, which makes them unfair and unsuitable as the sole basis for a DUI (Driving Under the Influence) charge. Field sobriety tests are subjective and are used to assess whether a person exhibits any signs of poor motor skills or balance. However, a person may have poor balance due to conditions such as vertigo, an ear infection, poor eyesight, testing in a dimly lit area, low blood pressure, high blood pressure, hypertension, poor motor control, a head injury, or any other issue affecting the inner ear or brain (Texas Heart Institute, n.d.). Interactions with the police can be stressful for individuals, leading to anxiety or depression, which are also associated with dizziness (Hain, n.d.). While mental health is often stigmatized as an excuse for not wanting to comply with specific demands and commands, it instead should be looked upon as a reason for an individual's thoughts and actions and how they may, at times, poorly reflect on the individual, depending on the circumstance.

Please keep in mind the following information about field sobriety tests (FSTs):

FSTs can be biased due to the officer's conscious or unconscious bias. Other factors that can affect the results of FSTs include:

- Test conditions: The test may have been administered in challenging weather conditions or on an uneven surface.
- Defendant's condition: The defendant's physical or emotional state, such as illness or caffeine, may have affected their performance.
- Officer's training: The officer may not be adequately trained.
- Confirmation bias: The officer may be looking for information to confirm their pre-existing beliefs.

FSTs are not 100% accurate. According to the National Highway Traffic Safety Administration (NHTSA, 2015), the accuracy rates for the three standardized FSTs are:
- Horizontal Gaze Nystagmus (HGN): 77%
- Walk and Turn (WAT): 68%
- One-Leg Stand (OLS): 65%

A defendant can challenge the results of their FST. A lawyer may be able to show that the test result was a failure due to the officer's bias or improper administration of the test. However, it often requires time and money to hire said lawyer and knowledge of an individual's right to challenge such a misguided label that may not be apparent to any individual dealing with anxiety or heightened emotions due to the police interaction. 

An alternative approach to the field sobriety test would be to permit people to request a breathalyzer test as an alternative to the field sobriety test. As it currently stands, the rules require the participant to conduct an FTS under the offer's command regardless of their willingness or capability to do so. While the driver will not face legal penalties for declining to participate, it is important to understand that this does not mean that the driver will simply be let go (Justia, n.d.). In other words, the participant can still be detained and arrested simply for requesting alternative solutions. While it is understandable that the FTS is used to prevent drivers who are under the influence from potentially causing harm to others, this does not entirely justify disregarding an individual's right to request alternative testing methods such as a breathalyzer, blood or urine test. 

My reasoning behind this petition is simply because I, by chance, spotted an opportunity for injustice to be corrected. People should have the right to explain, be listened to, and seek alternative solutions to a test that contains much bias and human rights violations. This, of course, means that the police department will need to reallocate funding to train their officers in a manner that fits the updated standards. However, continued education should be looked upon as an opportune solution rather than a problem in an already flawed system. As the current law stands, you have no right to request an alternative testing method.

Field sobriety tests can be influenced by human bias because they rely on the officer's opinion about whether you are under the influence, regardless of whether you are completely sober. This can lead to potential abuse. My proposal is to allow individuals to refuse these tests and instead opt for an alternative, less biased form of sobriety testing, such as breathalyzers. While not perfect, breathalyzers can eliminate human bias and provide a result that is visible to both the individual being tested and the officer. My aim is not to eliminate sobriety tests but to give individuals the right to choose alternative and more accurate testing methods without the fear of being detained or arrested simply because they requested to do so.

If you can take a moment to either sign, like, or share this post, it will be very beneficial to my cause.
 

Sources:

Texas Heart Institute. (n.d.). High blood pressure (hypertension). Texas Heart Institute. https://www.texasheart.org/heart-health/heart-information-center/topics/high-blood-pressure-hypertension/

Hain, T. C. (n.d.). Psychological syndromes that can cause dizziness. Dizziness-and-Balance.com. https://dizziness-and-balance.com/disorders/psych/psych.htm

National Highway Traffic Safety Administration. (n.d.). Standardized field sobriety test (SFST) instructor guide: Refresher training program. National Highway Traffic Safety Administration. https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf

DUI Defense Group. (n.d.). Beating field sobriety tests. DUI Defense Group. https://dui-defense-group.com/dui-info/beating-field-sobriety-tests/

Kolbeck Law Office. (2019, December). Field sobriety tests are optional for good reason. Kolbeck Law Office. https://www.kolbecklaw.com/blog/2019/12/field-sobriety-tests-are-optional-for-good-reason/

O’Meara Law. (n.d.). Defenses to roadside field sobriety tests. O’Meara Law. https://chicagocriminaldefenselawyer.com/practice-areas/dui/defenses-to-roadside-field-sobriety-test/

Adkins Law. (n.d.). Confirmation bias in DWI field sobriety testing. Adkins Law. https://www.huntersvillelawyer.com/blog/-confirmation-bias-in-dwi-field-sobriety-testing/

Canan Law. (2024, April). What field sobriety tests are valid?. Canan Law. https://www.cananlaw.com/blog/2024/april/what-field-sobriety-tests-are-valid-/

Chicago Criminal Lawyer. (n.d.). Field sobriety tests: How reliable are they?. Chicago Criminal Lawyer. https://www.chicagocriminallawyer.pro/blog/field-sobriety-tests-how-reliable-are-they/

Justia. (n.d.). Refusing to perform a field sobriety test. Justia. https://www.justia.com/criminal/drunk-driving-dui-dwi/handling-a-dui-stop/refusing-to-perform-a-field-sobriety-test/