A Lubbock Police officer (or DPS, Texas Tech police or any other law enforcement officer) in trial on a driving while intoxicated case in Lubbock typically testifies that the three “standardized field sobriety tests” are divided attention tests. I often hear the following:
“These tests are designed to divide a person’s attention just like driving a car”
“These tests help me (the officer) determine if the driver is intoxicated”
The problem with these answers is simply they are not true as to whether a person can safely operate a motor vehicle. The fact is that if driving is a divided attention test then the grade should not be from some abnormal tests that nobody ever does when trying to get their driver license. Has anybody ever had to put their arms down to their side, raise one leg off the ground 6 inches, point their foot out, look at their foot and count out loud, one thousand one, one thousand two, etc till the officer says stop in order to get a driver license? Answer: ABSOLUTELY NOBODY!!
The fact is these balance tests show little when it comes to whether a person can operate a vehicle in a safe manor. I’m Stephen Hamilton, Board Certified Criminal Law by the Texas Board of Legal Specialization and I fight these worthless, government propaganda stupid human tricks every day.
