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Every DUI stop, whether a DUI in Seattle, Bellevue, King County, or a DUI stop elsewhere in Washington State, is likely to involve field sobriety tests. Most people submit to the field sobriety tests on the assumption that (1) they are required to take the tests and (2) if they “pass” the field sobriety tests, [...]

Most people are familiar with the “usual” balancing and coordination field sobriety tests that are given to a driver who has been detained on suspicion of DUI. These tests include “walking the line,” balancing on one leg, and sometimes the finger to nose test. A very coordinated person who is in good physical condition is [...]

In February of this year, the long anticipated decision in State v. Baity, 140 Wn.2d 1 (2000) was published and the battle over the admissibility of Horizontal Gaze Nystagmus (HGN) was thrust to the forefront. HGN is the side to side jerking of the eyeball, a natural phenomenon that can be exaggerated by the consumption [...]

DUI defense attorneys in Washington State have been arguing for years now that field tests require some level of consent. Although the higher courts have repeatedly agreed that field tests are voluntary, they have offered no guidance in determining what level of consent is required to determine whether or not a person volunteered to participate. [...]

For years DUI defense lawyers in this state have tried to convince judges that field sobriety tests must be conducted in compliance with the guidelines established by the National Highway Traffic Safety Administration (NHTSA). Given NHTSA’s bright line disclaimer in its student manual validating the field tests only when the tests are …