Boyer v. Carter
Dist. Court, D. Utah, 2018
In this civil lawsuit, 2 officers conducted the HGN test (amongst other tests) and ascertained that the driver was intoxicated. One of the officers was actually a certified drug recognition expert. Both officers claimed that the driver's speech was slurred and he smelled of alcohol.
The driver was arrested, even though the PBT established that the motorist had not been drinking. Blood and urine testing later revealed that the motorist had nothing in his system.
This case shows how the FSTs are unreliable. The aura of science that surrounds these tests is false and misleading, and officers are not unbiased observers.