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The Role of the NHTSA in Drunk Driving


The National Highway Traffic Safety Administration (NHTSA) is a part of the much bigger agency, the Department of Transportation.  The NHTSA falls under the Executive branch of government.  According to their mission statement their purpose is to “save lives, prevent injuries and reduce economic costs due to road traffic crashes through education, research, safety standards and enforcement activity.”  The NHTSA plays a role in informing the public about the dangers of drunk driving as well as helping develop procedures for law enforcement to detect people who are driving under the influence (DUI).

 

Brief History


The automobile became a preferred method of transportation for many people around the mid to late 50’s.  Automobile production in America grew at an enormous rate and by the late 1960’s most families had at least one car.  But with the growth in vehicle numbers came a huge growth in deaths related to crashes.


The United States Congress took action to curb this trend and put into place new legislation in 1966 to form the U.S. Department of Transportation which ultimately led to the forming of NHTSA.  Their efforts have led to a significant decline in the number of people that die each year from car accidents.

 

NHTSA’s Primary Law Enforcement Role


The NHTSA has several roles related to fuel economy regulations, seat belt laws and other safety issues.  In regards to DUI, the NHTSA has conducted extensive research studying the behavior of drunken drivers and their effects on traffic.  This research has produce two sets of guidelines that are in use by many officers across the country today.


One set of guidelines provides officers with steps to determine if a driver is operating an automobile under the influence of alcohol or drugs.  The second set of guidelines deals with the field sobriety tests (FST’s) used to gauge a person’s impairment from alcohol.

 

Detection Guidelines and Their Miscues


NHTSA spoke to police officers from various parts of the country and created a list of over 100 actions by drivers that indicated some type of impairment.  Research and testing enabled this list to be reduced to 24 separate actions that are grouped in four different areas:  

 

  • Speeding and braking troubles
  • Failure to stay in the proper lane
  • Vigilance
  • Impaired judgment

 

However, there are some shortfalls to these cues or actions.  For instance,the actual research states that if a police officer notices one of these behaviors from a driver that the motorist is DUI 35% of the time. This means that in 65% OF THE CASES the person is NOT DUI. The research does go on to state that most of the time if more than one of these actions is present then 70% of the time the driver is impaired.  This can be a strong argument for a DUI attorney if the officer claimed to notice only one driving problem.

 

Field Sobriety Tests and Miscues


One of the major accomplishments of the NHTSA is the development and implementation of the field sobriety tests.  According to their research, there are three tests that are approved and highly recommended for use by police officers in determining whether or not a person is driving impaired.  These tests are the One-Leg Stand, the Walk and Turn and the Horizontal Gaze Nystagmus (HGN).


Unfortunately, there are a couple of problems with their terminology and use of these tests.  First and foremost, many police precincts state that their officers use the “approved” tests previously mentioned as a way to detect whether someone is driving drunk.  However, the testing manual published by the NHTSA clearly states that all tests must be administered according to exact procedures.  In addition, if any element in the test is changed then the results of the tests are compromised.


These physical tests endorsed and encouraged by the NHTSA were designed by medical researchers with years of studying and experience at their disposal.  Police officers do not have the luxury of several years of medical study to call on.  They are trained to protect the citizenry from criminals.  Their training in the use of these tests typically occurs in the course of one day and the test is taught by an officer or a trainer, not a doctor.  Thus, it is easy to see how one officer who might interpret the training incorrectly can easily train one or a dozen officers incorrectly in the use of the field sobriety tests.

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