Alex Berger and Christina Nestor Complete Standardized Field Sobriety Testing (SFST) Course

Attorneys Alex Berger and Christina Nestor are trained and certified in Standardized Field Sobriety Testing, commonly known as SFST. Their training gives them detailed knowledge of the roadside evaluations law enforcement officers frequently use when investigating suspected OWI offenses.

Field sobriety testing can become an important part of the prosecution’s case against a driver. For example, an officer may rely heavily on a person’s performance during these evaluations when deciding whether there is enough evidence to make an arrest. The officer’s observations may then appear in police reports, warrant applications, depositions, and courtroom testimony, where they may be used as evidence that the driver was impaired.

Because Alex and Christina have completed formal SFST training, they understand how officers are taught to explain, demonstrate, administer, and interpret each of these roadside evaluations.

What Are Standardized Field Sobriety Tests?

The standardized field sobriety testing battery consists of three evaluations developed for use during impaired-driving investigations:

• Horizontal Gaze Nystagmus: The officer observes the driver’s eyes while moving a stimulus from side to side and looks for certain involuntary movements.
• Walk-and-Turn: The driver is instructed to take a series of heel-to-toe steps along a line, turn in a particular manner, and return in the same fashion.
• One-Leg Stand: The driver is directed to raise one foot, maintain a certain position, count aloud, and continue until instructed to stop.

Though these evaluations are sometimes described as tests that a driver either “passes” or “fails,” this is not necessarily how officers are trained to view them. Rather, an officer is trained to look for specific clues during each evaluation and use those observations as part of his or her overall assessment of whether the person may be impaired.

The word “standardized” is especially important. Essentially, it means that these evaluations are intended to be administered in accordance with established procedures. The instructions given by the officer, the way the evaluation is demonstrated, the conditions under which the driver is asked to perform, the timing of the test, and the officer’s interpretation of the driver’s actions can all affect what the results actually mean.

How Can SFST Training Help an OWI Defense Attorney?

A defense attorney who understands SFST procedures can look beyond the conclusions contained in a police report and examine how the roadside investigation actually unfolded. The attorney can compare the officer’s written description of the traffic stop with dashboard-camera footage, body-camera footage, witness statements, and any other evidence showing what occurred.

This type of review may raise several important questions. Did the officer provide the complete instructions? Was each evaluation demonstrated properly? Was the driver given a reasonable opportunity to understand what he or she was being asked to do? Did the officer identify the correct clues? Perhaps most importantly, does the video footage support what the officer later wrote in the police report or stated under oath?

The conditions under which the testing occurred must also be considered. A person’s performance during these evaluations may be affected by several circumstances that have nothing to do with alcohol impairment, including:

• Injuries or medical conditions
• Uneven, wet, or slippery pavement
• Poor lighting or severe weather
• Unsuitable footwear
• Fatigue, nervousness, or confusion
• Traffic and other roadside distractions
• Difficulty hearing or understanding the officer

SFST training means that our attorneys have the knowledge necessary to examine the procedures carefully, identify potential departures from the officer’s training, and ask informed questions about whether the evidence truly supports the conclusions being made.

Alex Berger and Christina Nestor’s SFST training and certification are part of Berger Law’s overall commitment to providing informed and thorough OWI defense. By studying the same procedures used by law enforcement during impaired-driving investigations, they are better equipped to understand how a case was built, carefully examine the evidence presented against the accused, and determine whether the prosecution’s claims can withstand meaningful scrutiny.