When people are pulled over and arrested for DUI they will frequently tell
the officer that they had a long work day, worked a double shift or were
otherwise fatigued. The officer, when giving you dexterity and balance
tests designed for you to fail, will tell you “I’ll take that
into consideration”. What that means is, he will disregard what
you just told him.
Having been trained in Standardized Field Sobriety Testing and knowing
the so-called scientific studies underlying those tests, officers do not
receive any training with regard to how to consider factors such as lack
of sleep, having taken a big test, or hiked for hours, or having been
recently sick. The tests assume you are 100% ready for tests you have
not yet prepared for and with which you are completely unfamiliar. Even
if you are normally a gymnast who has balance skills to try out for Cirque
De Soleil, you should not submit to the SFSTs in Hawaii. You are under
no obligation to do them.