There are only 3 field sobriety tests sanctioned by the NHSTA manual, and officers are instructed to stick to those three tests, and those three tests alone.
In Michigan, these “well-trained” officers do not follow their own rule book. In most of the cases that I handle, an officer has my client sing the alphabet, count backwards or estimate time. These are improper tests and should not be used in Michigan. If an officer uses them I am going to go after him for not following the rules, and trying to “get” my client by playing outside of the rules. If an officer cannot follow their own protocol, which they are trained on when it comes to field sobriety tests, then what else did they do incorrectly?
I don’t even bother to challenge these extra field sobriety tests, because they are not part of the rule book, and outside the officer’s protocol. My client doesn’t get a say in the rules or the standards set, so when the police and prosecution make the rules, they better sure follow them. You can’t change the rules because you’re lazy or don’t know how to instruct and/or administer the proper field sobriety tests. If the police rely on this sort of package, they are going to be in trouble when I review the case, and go after them for not following their own rules.