Question: What are some common defenses for failed field sobriety tests in Oklahoma?
Answer: I think just about any test, any field sobriety test taken is going to be failed. Because my personal opinion is that the tests are designed for failure. They are “gotcha” tests—you’re tested on things that you are not allowed to practice; you are tested on things that you are not told what you will be tested on. Our most common defense would be that the tests are never designed to show, to prove intoxication. The developer of the test has actually testified to that. They are designed as a tool to help the officer make an arrest decision, and the threshold for an arrest is much, much lower than the required level for proof beyond a reasonable doubt.