The legislature recently passed a law regarding drug and drink driving arrests and prosecutions. However, there was a technical error (may be a little sloppy) in the drafting of the law that some judges are reading to preclude prosecutors from using standard field sobriety tests in their drunk driving prosecutions. Standard roadside dexterity tests have long been used by police officers and prosecutors as evidence of intoxication in court proceedings. If the new law continues to be read by judges to preclude these tests it will gut many prosecutions.
I suspect the legislature will fix this error in the near future. We will keep you posted.
