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Originally Posted by Meier_Link
I think that rather than use a breathalizer (which are proven to be inaccurate in the measure of intoxication) we should use some kind of test of reflex and reaction time... This would not only save the sober and punish the drunk, but would also punish those too slow/stupid/stoned/whatever to be driving as well.
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You apparently aren't up to date on current testing procedures. In addition to the old ones like the one leg stand, nose touch and walking the line, there is an additional test which focusus entirely on your eyes. It's called the Horizontal Gaze Nystagmus test (or HGN). I located an article on it but only posted a partial quote from an article because the entire thing is long. You can find the entire story
here.
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An additional test is the horizontal gaze nystagmus ("HGN"). When used in combination with divided attention tests, HGN helps police officers correctly distinguish suspects who are under the influence of alcohol from those who are not. The test is based on the fact that alcohol affects the automatic tracking mechanisms of the eyes. Nystagmus is defined as "an involuntary rapid movement of the eyeball, which may be horizontal, vertical, rotatory, or mixed." Alcohol slows down the eyes' ability to rapidly track objects and causes to eyes to oscillate, or "jerk", before they normally would in a sober person. Alcohol stimulates the nerve endings, making nystagmus more pronounced in intoxicated persons. As a person's blood alcohol concentration increases, the eyes will "jerk" sooner as they move to the side. The HGN test claims to gauge intoxication by measuring the involuntary oscillation of the eyes.
The procedure to be used by police officers is set out by the National Highway Traffic Safety Administration in the DWI Detection and Standardized Field Sobriety Testing Student Manual. Prior to administration of HGN, the eyes are checked for equal tracking ability and equal pupil size. If the eyes do not track together or if the pupils are unequal in size, injuries or medical disorders are likely the cause of the nystagmus. The NHTSA standardized clues include lack of smooth pursuit, distinct nystagmus at maximum deviation and onset of nystagmus prior to reaching a 45 degree angle. Standardized administration procedures include: holding the stimulus 12-15 inches in front of the suspect's nose; keeping the tip of the stimulus slightly above the suspect's eyes; always moving the stimulus smoothly; always checking for all three clues in both eyes; starting with suspect's left eye; checking the clues in sequence: (1)lack of smooth pursuit, (2) distinct nystagmus at maximum deviation, (3) onset of nystagmus prior to 45 degrees; always checking for clues at least twice in each eye. The NHTSA manual indicates that no other "clues" are recognized by the NHTSA as valid indicators of HGN. In particular, the NHTSA does not support the allegation that onset angle can reliably be used to estimate BAC, and considers any such estimation to be misuse of the horizontal gaze nystagmus test. The NHTSA sets forth standardized criteria for evaluating HGN. The maximum number of clues of horizontal gaze nystagmus suspect can exhibit is six, occurring if the suspect exhibited all three clues in each eye. If a suspect exhibits four or more clues, it should be considered evidence that the suspect's BAC is above .10.
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