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That nagging old football injury may really hurt you
Former Cleveland Browns quarterback Bernie Kosar was recently arrested on suspicion of driving under the influence. When the investigating officer asked Mr. Kosar if he had any problems that would affect him standing on one leg or walking a straight line, Kosar replied that he had many old injuries to his knees and ankles because his offensive line couldn't block. While Kosar is correct (he was sacked 269 times while with the Browns for a loss of almost 1600 yards,) the officer's question illustrates a major problem with field sobriety testing. Officers often ask the screening question about health issues but then when presented with issues that will clearly affect a suspect's performance, they say "I'll take that into account."
This is a major problem because, quite simply, officers just aren't trained that way. There is no standard for grading performance on the roadside tests "on a curve." As a Denver DUI defense attorney, my recommendation is to politely decline to take these roadside tests. Why? First, there is no penalty for doing so. Second, and most importantly, they are designed to fail. 20% of sober people will fail them. To quote Nancy Reagan..."just say no."