It is well documented by a number or scientific studies that the presence of a strong odor of an alcoholic beverage is not an indication of impairment. The odor alcohol on someone’s breath doesn’t equate to having drank a lot of alcohol. A strong odor of alcohol on someone’s breath is more of an indicator of recent alcohol consumption.
Kosar is reported to have performed the Horizontal Gaze Nystagmus “test,” but declined to perform the one leg stand and the walk-and-turn. Until recently, Kosar resided in western Broward County. Had Kosar been arrested in Florida, his attorney could point out the scientific unreliability of the field sobriety “tests.” In fact, in Broward County the so-called “field sobriety tests” aren’t even allowed to be called “tests” and terms such as “pass/fail, tests, exams and clues” are not allowed to be used in court. Why? Because the field sobriety “exercises” aren’t scientifically reliable indicators of impairment. In fact, the most reliable exercise – the walk-and-turn – when evaluated was determined to be only 68% accurate. That means that 32% of people who supposedly “failed’ the “exercise” were not in fact impaired. I don’t know about you, but a 68% out of a 100% when I went to school was a D. How pathetic is that? The prosecutor’s own tools to detect alcohol impairment has a below average rate of reliability.
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