We’ve alerted our readers to the fact that field sobriety tests (FST’s), which are the coordination and related tests often administered at the scene of suspected DUI incidents, are based upon the subjective interpretation of police officers. And a recent case in Surprise, AZ confirms that those interpretations can be way off base, and might be used by some police officers as a pretext.
A man was pulled over one evening after an officer says his vehicle crossed the white line. The deputy stated to the driver that he (the deputy) could tell that the driver was under the influence, because he had bloodshot eyes. The driver’s response, that the bloodshot eyes may have been the result of the fact that he had just come from swimming at LA Fitness, was apparently ignored. The driver agreed to submit to FST’s, although the 64-year old did advise the deputy that he had problems with his hip and his knee. After the FST’s were administered, the man was placed under arrest for DUI.
Interestingly, a breath test was not administered until after the arrest. When the test was finally performed, it registered a blood alcohol content of 0.000, meaning that the machine was unable to detect any alcohol in the driver’s system. A blood sample was also taken, likewise after the arrest, which did not reveal the existence of any drugs in the man’s system. Finally, a drug recognition expert examined the driver, and the expert found that the driver showed no signs of impairment.
We don’t know, of course, the real reason for the stop and the arrest. Maybe the officer just forgot to administer a breath test; and maybe the 64-year old driver was not a model of coordination during the FST’s. Or just maybe – and this is the view of some of those involved – the real reason for the arrest had more to do with DWB (driving while black) than it did with DUI.
In the meantime, the DUI charge has been dropped, but the driver says he is out about $5,000 already as a result of the arrest. He has filed a notice of claim for $500,000 against the city. We wouldn’t be Surprised if he won!
The Feldman Law Firm PLLC
1 E. Washington Street
Phoenix, AZ 85004
(602) 540-7887
