Choo DUI Part 2 – Sobriety Testing

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Choo DUI Part 2 – Sobriety Testing

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In part one of this post, I discussed the Walk and Turn test administered to Shin-Soo Choo as seen on the Dash Cam footage during his arrest for driving under the influence (DUI).  In this second part, I would like to discuss the One Legged Stand (OLS) test also seen on the video.  The OLS is another one of the three Standardized Field Sobriety Tests (SFTS).  The OLS is very difficult to do by anyone who has poor balance, is overweight, or has suffered any one of a number of injuries.  To administer this test properly, a Washington, DC police officer must instruct the DWI suspect to remain still until instructed to begin.  The officer must then tell the driver to lift either leg six inches of the ground, leaving the other leg straight.

The driver is then instructed to count “one-thousand and one, one-thousand and two, and so on until I tell you to stop.”  In this video, it did not appear to be instructed properly.  As I have said before, how can even a sober person be expected to pass this test if you were never told the correct way to do it?  Again, this improper instruction can be used by your DUI defense attorney during cross-examination of the police when trying to suppress evidence.

After this test was performed, the officer, then tried to have Choo stand with his arms apart and touch his nose.  This finger to nose test is not a field sobriety test.  It is not approved by NHTSA.  The reason it is not approved is because when NHTSA conducted their laboratory and field-testing, they determined this test does not have enough accuracy to be used to determine if someone was intoxicated.  If the police do not even recognize this as a valid test, why would the government be allowed to use in court during trial?