We have recently had jurors performing field sobriety tests (including HGN) on each other during deliberations of DWI cases. Our judge has agreed it would be appropriate to include some type of instruction in the jury charge requesting the jurors refrain from conducting their own field sobriety evaluations. Do you have any wording that would be appropriate for such an instruction?

Why is it wrong for a jury to do that?

I have had that experience too. The reason it's not good is because the jury will perform all of the tests on each other and they all "fail". Therefore, because they are sober - the tests must be bogus...and you get a NG....at least that is what my jury told me. I never used a jury charge after that but I make sure at closing to ask them not to go perform the tests on each other because they aren't trained the way the police are.....haven't had any problems since then.

The way we handle it works fairly well-- I always voir dire on the idea that if you fail one (clumsy, bad balance etc.) you wouldn't fail two... and if you did, you wouldn't show HGN... I also have had good results from actually doing the SFSTs in front of the jury during my direct of the officer. Somehow juries are impressed that I can do it in heels..