When a sober person stands for the period of time they make you stand, they will sway as well. Nobody stands perfectly still. Try to stand in a small box for 10-15 minutes without swaying/passing out if you lock your knees, is very hard.
I have never heard of a person passing the field sobriety tests. You want to talk about subjective.
I was pulled over once, refused the field tests, breathalyzer and the blood test. I know I swayed on the video, not because I was drunk but because I had to stand in that little box for a long period of time knowing that I couldn't sway.
The police report was just blatant lies, things that weren't discussed, wrong age/birthday etc. I was extremely humble polite, just refused to take the tests. Blatant lies, where I was coming from and going to, I didn't pull over immediately, how much I said I had drinken. It really upset me that the PD could get away with that.
I couldn't afford to take it to trial so we plead it down to Obstruction of the Highway, Deferred Ajudication, for 14 months of probation, which is another issue.
Innocent until proven guilty, BEYOND the shadow of a doubt!!!!