Seattle DUI Lawyer, Nate Webb, acquires another Not Guilty Verdict for a DUI client!

Seattle DUI Attorney, Nate Webb, represented a client in Upper Kittitas County District Court (Cle Elum) and acquired a Not Guilty verdict from a jury on November 13, 2014. State of Washington versus C.H. 

Facts: The trooper alleged my client was speeding well in excess of the posted limit, had bloodshot, watery eyes, slurred speech, the odor of alcohol, continually swayed throughout their contact, had continually unsteady balance, failed to follow simple directions, he also alleged the client failed three field sobriety tests, took a portable breath test and was deceptive while doing it, and refused a breath test after arrest at the station. Further, the trooper testified that there were at least three open containers in the vehicle.

The State presented two witnesses, one was the trooper who made the above allegations and the second was a toxicologist from the Washington State Patrol Toxicology Lab.  Mr. Webb was able to succesfully impeach the trooper's testimony via the State's own witness, the toxicologist.  The trooper, an apparent 16 year veteran of the Washington State Patrol, testified as to the proper administration of the field sobriety tests pursuant to the National Highway Traffic Safety Administration standards and protocols only to be contradicted by the toxicologist after Mr. Webb challenged the trooper's conclusions.  

The jury returned a verdict of Not Guilty.

State v. C.H. (Cle Elum - Upper Kittitas County District Court - November 2014).

Should I take a field sobriety test (FSTs) if pulled over?

Field Sobriety Tests (aka Standardized Field Sobriety Tests).

I'm always asked whether someone should (or more commonly should have) take field sobriety tests when asked.  My common answer is no!  Now, I have heard of one instance wherein a friend of mine told me he took them (against my advice) and was let go.  That result is an anomaly in my experience.  If you have had anything to drink, or smoked marijuana recently, I would advise you skip these tests.  Why?  Well, the way in which these tests are administered are much different than how they were "standardized."  What I mean by that is the National Highway Traffic Safety Administration (NHTSA) conducted three tests (Horizontal Gaze Nystagmus, One Leg Stand and Walk and Turn) to determine the accuracy of predicting a BAC result based upon the clues observed and reached conclusions with percentages related to accuracy (the officers administered these tests on people who had been drinking, observed the clues, guessed what their BAC would be ultimately and whether they would have arrested the subject - of course these were volunteers at the study locations).  After calculating their results they standardized these three tests, meaning that if all three are administered correctly and the individual exhibits a number of clues, there is a high percentage they would submit a BAC reading above the legal limit (0.08).

Seem legit?  Well no...why you say?  Take for example the subjects who participated in this "standardization."  They were a group of family and friends and co-workers who were dosed with specific amounts of alcohol and asked to take these tests.  The tests were conducted without fear of arrest, so you can take out the anxiousness and nervousness, who were of relatively good health and average age.  So officers did not conduct these on older individuals or those suffering from any physical limitations.  Troopers often testify when they were conducting tests on individuals with physical limitations (i.e., knee injury, etc.), "oh I took into consideration their limitations."  Really, how?  Were they ever trained how to "take the limitation into consideration?"  NO!  Also, consider that the standardization took place in a controlled environment, meaning not on the side of the road, in the cold or rain with cars whizzing by at 70 mph.  How could these tests accurately represent a standardized result?  Simple, they can't and don't.  So when a trooper records clues from these tests, those clues themselves are skewed because the conditions of administration are vastly different than how they were trained. Keep in mind that this is how troopers are currently trained to administer these tests, typically in a high school gym, in controlled temperatures, with no distractions, administered on individuals who volunteered and are not subject to arrest. How standardized is that?  Ha!  Why would anyone want to participate in these feats of balance given the training?

My advice, simply politely decline, inform the trooper you are not impaired but that you have been advised not to participate in them.  Then, if arrested, ask to speak with an attorney at the earliest opportunity.

If you have been arrested for a DUI in Seattle or anywhere in Washington State, give me a call (425) 398-4323.  This is what I do and can help you!

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About the author:

Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by Avvo.com.