I watched the video and frankly, this law enforcement office was condenscending and attempted to distract DB several times during the exam. It should be noted that he was arrested for suspicion of DUI, meaning under the influence of specific, listed drugs that might impair one's ability to operate a vehicle safely. The toxicology should absolve him of suspicion of use of the standard agents tested for in that jurisdiction.
The officer treated Boston like you would anyone else who you thought may be impaired and yes that can come across as condescending when your sober... The officer was very patient and although I have have small issues with aspects of the exchange between the 2 of them I would be reluctant to immediately jump to the conclusion you've reached. I would agree an argument could be made regarding the distraction - I am not sure if it was intentional but couldn't rule it out either. Under the influence typically include a long list of Schedule 1 drugs - not all of which are common or typically tested - it only makes sense that you have someone who can afford it and has a history of using drugs (even if they are performance enhancing) to make additional checks.
The failure of the arresting officer to allow him to refuse the FST and contact his attorney was a violation from my understanding, based upon the interpretations of law by the US Supreme Court. Once it was made clear that DB was being questioned for accusatory as opposed to investigatory purposes (he was the only individual involved), he has right to representation. I forget the case, but it is a famous one relating to the Constitutional Bill of Rights, relating to the sixth amendment.
Its been a while since I've watched the full video - Boston raised concerns about the test but I don't recall him refusing to take it so of course the cop pursued him performing them. There is no right to call your attorney on a traffic stop. The police can question him and whatever case you are referring to it was not a requirement he have counsel on a traffic stop.
My primary suspicion would be (superficially, with no insight or information other than what public news sources have reported for what they are worth) fatigue or hypoglycemia, with the remote possibility of a sleeping disorder. The greatest concern I would have with an athlete would be the use of insulin causing hypoglycemia. Insulin is used by many athletes illicitly to prevent muscle loss and aid in recovery. It can be tested for but is not in standard DOT toxicology or NFL testing.
I might be more willing to buy into your theory if it were not for the nystagmus.
I do not believe it is appropriate to test Boston for any agents that would not be tested for in any other individual arrested for the same offense. I do not believe that many non-impaired people would have done better in the tests.
You suspect someone of being under the infuence of an illegal substance but because you can't pinpoint what that is you must be limited to the usual tests??? What are you basing your belief regarding non-impaired people on?
One aspect not understood by many non-athletes is that standing with heels together is relatively easy for someone with limited development of the leg muscles, but for those with large thighs, it is awkward and creates an immediate imbalance. This is also true for the obese. I remember Al Roker, tv weatherman, could not bring his feet closer than a foot apart when he was morbidly obese. I wonder if he would have failed the FST. Further, DB's upper body mass allows for easy deviation of his center of balance, aggravated by his height. If you need an example, stand an unsharpened pencil on its flat, lead end then try to do the same with a lollipop. For people who have not practiced FST activities, the use of one's arms is natural and instinctive.
I am not sure how much weight to give your body development argument - there is an element of truth to it. You are correct the ue of your arms is natural and instinctive when you need them for balance - that is why people are instructed not to - the test is evaluating body control... People not impaired can not only remember the instructions but follow them as well.
His speech was not impaired from the tape viewing and he was not combative. The officer's bias against his celebrity and infamy was evident from my perspective. I believe DB has grounds for a complaint, but likely just wants this to end. If his attorney does not call for a public apology and dismissal of charges with an expungement of the arrest from his record, I would be surprised.
I'm related to people who could be bombed and not have their speech impaired and to just look at them not immediately know they were drunk. Impaired speech is a sign of being under the influence, not having your speech impaired does not mean you are not. Likewise not everyone becomes combative. The cop was bending over backwards being as polite as possible to Boston so if there was a bias I don't think it hurt. What complaint would Boston have? The cop made up the part about him sleeping at the wheel on a public street?