“Roadside sobriety tests can be used only to gather evidence to convict a driver, not to exonerate him, according to the Kansas Supreme Court. The decision came down in the case of Bruno Edgar, who was stopped at a driver’s license roadblock on July 29, 2007. The officer decided to conduct three of the standard field sobriety tests. Edgar passed the horizontal gaze nystagmus test, passed the one-leg stand and ‘did fine’ on the nine-step walk-and-turn test. The officer then told Edgar he had no choice but to submit to a preliminary breath test (PBT) and that he had no right to consult an attorney regarding the test. Edgar failed and was convicted of DUI.”
