Should I Submit To Field Tests?
You may then be asked to perform a series of physical coordination tests along the roadside, such as standing on one leg, walking along a line and the HGN (pen test). We recommend that you politely decline to perform these roadside coordination tests. These tests are not scientifically reliable and have but one purpose — to give the officer additional information with which to prove your guilt. These coordination tests, sometimes referred to as SFST or Standardized Field Sobriety Tests, have been created by the National Highway Traffic Safety Administration (NHTSA). Many courts have determined that these tests have no scientific basis and have not been determined in Oklahoma to be scientifically reliable. Even the people who designed these tests have admitted that the tests cannot determine if a person’s ability to operate a motor vehicle is impaired. Even when administered perfectly, under perfect conditions, these tests are inaccurate 23 percent of the time. Unfortunately, these tests are almost never done correctly. There are very few officers who are able to perform the tests correctly under classroom conditions, let alone out on the highway at night. When not performed correctly, these tests are not valid.