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by AngryData 41 days ago
That's because field sobriety tests aren't designed to find out if people are actually impaired, they are designed to give cops a reason to arrest people purely on their own discretion even when they otherwise lack any evidence of wrongdoing. And in doing so it boosts both the local cops and court's funding through mandatory court fines and fees and programs when they hammer down on people too poor to afford a lawyer.
3 comments

Same with polygraph tests. It's not admissible in court. It's an interrogation tactic designed to give some perceived authority to the police's claims that a suspect is lying and give the suspect a reason to talk more.

Should be illegal.

source?
I don’t think this it’s worth being reported for asking for a source on this kind of claim. I would argue of a middle ground though. I think field tests origins came from a good intent of trying to distinguish intoxicated drivers but has morphed over the years and used to give reason to search your belongings. I think the original post is wrong, the intent is not to arrest people but they are commonly used as a means to get cause to search your vehicle.

And I don’t have a source, so it’s anecdotal but one of those things where you read enough of these cases and even see how cops are trained that the intent for most stops unrelated to genuine traffic violations is to get cause to search the vehicle.

I think back to some of those corridors within the United States where law enforcement abuse cash forfeiture laws to take peoples money.

I recall that a lawyer who talked about how they were developed and explained how they work, came to that conclusion. The tests are completely subjective, and the way they are graded means that unless you are an Olympic-level athlete, you will fail it. Can you balance on one foot without swaying or puting the other foot down (even when you first start and find your balance), with your eyes closed, for one minute?

Might I suggest that you research it and post what you find.

Their obvious ineffectiveness for the stated purpose, combined with the effectiveness for the unstated, hidden purpose.
I don't know, like, common sense and your eyes?

Think of a field sobriety test. Now think of if that actually tests for sobriety. There, there's your source.

So whats the solution? 37 people die every day in a crash involving an alcohol impaired driver. Do we think if we inhibit the police's ability to arrest drunk drivers, the world will be a better place? People are clearly not going to stop drinking and driving.

I am neither left nor right, but I feel like I need to say this much more in spaces that heavily lean left -- I wish we would focus on the actual crimes the police are there to stop as much as we do the police reform.

Two things can be true: - police should enforce the law to reduce or address crime or infractions - police should have a standard of enforcement that corresponds with the way the court system should operate, which is that the state carries the burden of proving the crime

The right to demand a blood test or other mechanism of having the state own the burden of proof might be inconvenient but it's integral to a fairly operating system, just like the right to demand a lawyer or representation.

Violent crime like being robbed of your laptop at gunpoint is precisely one of those crimes "police are there to stop". And yet here we have someone who is being entrusted and paid by the public to stop that crime, actually creating more of that crime instead, and then using their privileged position to avoid accountability!

To support the societal belief in law and order, it is much more important to punish the meta issues where the government is itself causing harm. It's not that there should magically be no crime committed by police officers. But rather every single crime should be investigated and prosecuted to the utmost extent.

> inhibit the police's ability to arrest drunk drivers

They have breathalyzers and blood tests. Field sobriety tests are not there to help police arrest drunk drivers, they're there to help police arrest whomever they want to.

> I wish we would focus on the actual crimes the police are there to stop as much as we do the police reform.

The U.S. is one of the most punishment-happy countries in the world. Nearly every politician vows to be "tough on crime". This is an incredible thing to say given the past 50 years of policing and justice in the U.S. Won't somebody please think of the children!?

> I am neither left nor right

The "center" is constantly moving and has been, on average, shifting far to the right over the last 20 years. Anyone who claims to be a centrist is therefore either changing their politics with the wind, or was far right all along.

> They have breathalyzers and blood tests. Field sobriety tests are not there to help police arrest drunk drivers, they're there to help police arrest whomever they want to.

You're wrong about that. "Sobriety" isn't limited to alcohol. You'll notice that most laws against drunk driving are actually against being "intoxicated" or "impaired". Breathalyzers and blood tests are for gathering indisputable evidence.

Field sobriety tests are there to determine if you're motor skills are impaired. If an officer observers a person driving erratically and they can't walk a straight line or touch their own nose, they shouldn't be driving. You can be arrested for DUI [of sleeping pills].

The only time police would specify a DUI was for alcohol is if a breathalyzer or blood test showed that. Even if the officer says there was a beer can on the floor and they smelled like alcohol, they could be under the legal limit and be on any number of other substances so the DUI wouldn't specify alcohol.

> If an officer observers a person driving erratically and they can't walk a straight line or touch their own nose, they shouldn't be driving.

There are plenty of reasons that someone might not be able to demonstrate this to the subjective opinion of an officer and be completely unimpaired and competent at driving. e.g. people with atypical minds or bodies

Police generally ask people to do these tests when they have already made up their mind about someone being impaired. The only point of the test, practically, is generate standardized documentation. It is a dog and pony show.

Other countries that have serious anti-driving-impairment programs don't use these types of subjective tests -- they test people for using the substances directly.

They'll have an opportunity to prove that in court. I know that's not a great solution (because of the penalties involved in simply being accused of a crime, but that's a different issue) but, remember, they were pulled over for driving erratically and the, through conversation, the officer would gain further reason to ask them to do the test. The problem is the driving, everything after that is evidence gathering.

These days, so much of that will be recorded on video, from the dash cam to the body cam, it's usually cut and dry that the person accused is under the influence of something.

> people with atypical minds or bodies

This is a reasonable concern so I don't want to dismiss it but this isn't even close to the typical situation and, to emphasize, the reason for the stop is usually bad driving and the officer is looking for an explanation. Before a sobriety test is administered, there is already a cause for being pulled over. So people who can't pass a sobriety test because they have a physical or mental reason they can't only have that one piece of evidence against them removed.

I'm sure you can construct a hypothetical case where a person with a speech impairment, an inner ear deformaty and who's eyes shake when moving left and right gets arrested for DUI because they appear impaired but they weren't pulled over for those reasons.

The problem is that low-quality evidence causes both type 1 and type 2 errors.

Not only does it cause significant problems for people who are unjustly jailed and charged for crimes they didn't commit -- but it also lets drunk drivers off the hook when the flimsy evidence fails to convict. These aren't hypotheticals, both are very common.

Police in the US simply need to be equipped with roadside chemical tests for substances. They exist, they just simply don't use them.

Here's is an example of what other countries do:

https://adf.org.au/insights/roadside-drug-testing/

> The officer takes a sample of your saliva by placing an absorbent collector in the mouth or on the tongue. The sample is then analysed at the roadside. If the test is positive, it must be confirmed by laboratory testing before charges can be laid.

Doesn't that sound like a better solution than: "The officer makes you stand on one leg and say the alphabet backwards, if they don't like they way you did it, you are charged with DUI"?

> I'm sure you can construct a hypothetical case where a person with a speech impairment, an inner ear deformaty and who's eyes shake when moving left and right gets arrested for DUI because they appear impaired but they weren't pulled over for those reasons.

The more common, and even more scary issue, is that sometimes people undergoing medical emergencies are arrested for DUI and sent to jail instead of a hospital. Which is again another situation that would be avoided entirely by roadside testing. This is such a common issue for diabetics that police normally do train to recognize the difference, but since they are not medical professionals and don't have adequate equipment, they still often confuse the two.

Watch this dashcam video: https://www.wsmv.com/2025/10/02/retired-deputy-arrested-dui-...

> remember, they were pulled over for driving erratically

Maybe. Or they were pulled over for being black, or having tattoos, or being really hot, or because they criticized police brutality on social media, or because the officer needs to hit their arrest quota by the end of the month, or because they're driving an expensive car and the officer thinks they'll have lots of cash they can legally rob via civil asset forfeiture. We have far, far too many examples of all of these happening to say with any certainty that the police officer actually suspects anyone of an actual crime.

By the way, I have called in drivers who were badly impaired before. One kept driving up onto the curb, on the sidewalk and grass (next to a school!), then swerving back nearly into the oncoming lane, then stopping in the middle of the road, etc. Another kept swerving toward the concrete barriers on the highway, and when I passed them, they looked visibly asleep. Both times, the cops didn't care. They didn't send anyone. They sounded annoyed that I was bothering about that crap. The police do not care whether people are driving drunk or not, just like they do not care whether an active shooter is gunning down kids in an elementary school. They don't care if a violent dad with a restraining order has kidnapped his kids and is about to murder them, even when the mom tells them exactly where he has taken them. Their interests are orthogonal to the just enforcement of the law.

> but they weren't pulled over for those reasons.

Yeah, good point, they were probably pulled over for being black.

> I wish we would focus on the actual crimes the police are there to stop as much as we do the police reform.

Having criminal police is possibly worse than having no police. "First, do no harm" right?

I have tremendous respect for the work that good police do. I support laws that have higher penalties for crimes against police and other public workers. But respect is a two-way street. I also support higher penalties for crimes committed by police and other public workers.

What other countries do? A chemical test on the field and a more accurate one when they get to the police station.
No other country relies on road travel to the extent of America, so I am not sure there is a good comparison to make.
We have a bigger road network. We have a larger road travel infrastructure. So, we should have enough chemical test units to cover our infrastructure.
That's a reason the US needs better enforcement tools, not worse ones.
If we can pay for the roads and the patrols, we can pay to equip the patrols. Bigger needn’t equal worse.
The police aren't stopping the crime, therefore the police need to be reformed.

And note that “involving” is very much not the same thing as “caused by”. Yes, “caused by” will be a big chunk of it, but there's a reason the latter term is not used.

"People are clearly not going to stop drinking and driving" is such a strange statement to make in defense of DUI stops. Doesn't that imply that DUI stops don't help matters?

At any rate, the solution is to fire all of the corrupt cops and strictly enforce ethical and legal rules. Everything considered to be evidence needs to have an actual scientific basis for it. No more arresting people for being drunk because an officer with three months of training is considered to be an expert judge in impairment. Officers caught lying about the basis for an arrest should be imprisoned. Enforce the law, but do it in both directions.