3 Reasons Not to Take a Polygraph Test - Greater Houston Defense (2024)

If you are under investigation for a sex crime in Harris County (Houston) or anywhere in Texas, you might be asked to take a polygraph test(a.k.a. “lie detector test”). The request might come from a police detective, the Texas Department of Family and Protective Services (DFPS) or Child Protective Services (CPS). While it is natural to want to clear your name quickly in a sex crime investigation, there are at least three (3) reasons why you should never take a government-sponsored polygraph examination, unless a criminal defense lawyer advises you to do so. The first reason is that an innocent person can fail a polygraph test. According to a report from the National Academy of Sciences, “[a]variety of mental and physical factors, such as anxiety about being tested, can affect polygraph results – making the technique susceptible to error.” Unfortunately, once you have failed a government polygraph test, there may be little you can do to convince the police, DFPS, CPS or a state or federal prosecutor that you are innocent.

A second reason why you shouldn’t take a polygraph test unless your lawyer advises doing so, is that polygraph results are generally inadmissible in court. See, e.g.,Tennard v. State, 802 S.W.2d 678, 683 (Tex. Crim. App. 1990) (Existence and result of polygraph test inadmissible).In other words: If you fail the test, government decision-makers will probably believe that you are guilty; but even if you pass, it is unlikely that a jury would ever get to hear the results. In that sense, it can be a lose-lose proposition for a person whom the government requests to take a polygraph test.

A third reason for declining a government polygraph test is that you can always take a private polygraph test arranged by your lawyer. Our firm routinely arranges for private polygraph exams for clients who have been requested to take government-sponsored polygraph exams. The results of a private polygraph test may be kept confidential in the lawyer’s file. The results could also give the lawyer some idea about how the client might perform on a government test, under the right conditions. Our sex crime defense firm in Houston often hires private polygraph examiners who have previously worked for police agencies. That allows us to confidently share good results with government decision-makers, as well as prepare the client for a government-sponsored polygraph test if the client elects to take one. However, if a client fails a private polygraph test for any reason — for example if the client gets nervous or suffers from test anxiety — our firm is under no obligation to share the results with anyone.

3 Reasons Not to Take a Polygraph Test - Greater Houston Defense (2024)

FAQs

Why not to take a polygraph test? ›

According to a report from the National Academy of Sciences, “[a] variety of mental and physical factors, such as anxiety about being tested, can affect polygraph results – making the technique susceptible to error.” Unfortunately, once you have failed a government polygraph test, there may be little you can do to ...

What are the three 3 major sections of polygraph in the order of importance? ›

The three components of the polygraph instrument include the cardio-sphygmograph, the pneumograph, and the galvanograph. Blood pressure and heart rate are measured by the cardio-sphygmograph component of the polygraph, which consists of a blood pressure cuff that is wrapped around the subject's arm.

What are three factors that affect the validity of a polygraph test? ›

In addition to subjects' psychopathy, other diagnostic categories and subject variables such as gender, intelligence, motivation, and responsivity to arousal may also affect validity. Subject factors are often described in the literature as personality or individual difference factors (136,194).

What are the disadvantages of polygraph testing? ›

Polygraph Vulnerabilities

The polygraph is still vulnerable to both physical and psychological countermeasures and it also suffers from a significant error rate based upon inconclusive, false positives, or false negatives results.

How can I avoid a polygraph test? ›

A simple way to cheat the polygraph is to deliberately distort your physiological readings when telling the truth, such as by biting your tongue, or imagining an embarrassing incident in the past.

Who Cannot take a polygraph? ›

Mental Illness

Any condition that alters someone's perception will have abnormal polygraph test results that can't be relied upon. A professional polygraph examiner should be able to detect that there is an underlying mental illness that could prevent the test from being inconclusive or unethical to conduct.

What are the 4 major components of a polygraph? ›

It comprises a machine with several medical instruments attached to measure the subject's pulse, blood pressure, respiration, and skin conductivity.

What are the 2 factors that affects the reliability of polygraph examination? ›

Variables, or factors that can affect the accuracy of polygraph tests include personality disorders, drug use, mental health, the environment the test is given in, the examiner giving the test, and gender and ethnicity.

What is the most important thing to consider in a polygraph result? ›

Three factors affect the frequency of false negatives and false positives with any diagnostic test procedure: its accuracy (criterion validity), the threshold used for declaring a test result positive, and the base rate of the condition being diagnosed (here, deception about serious security matters).

Why did I fail a polygraph when I told the truth? ›

The problem with polygraph tests

It's used to measure levels of fear and physical responses, not actual lies. These tests can fail because a person who is telling the truth could be anxious and a person who is lying might not be anxious at all.

How does alcohol affect a polygraph? ›

Alcohol intoxication (BACs around 0.12%) during a polygraph examination did not affect detection accuracy, but intoxication during a preceding mock crime decreased crime memory detection. Yet, O'Toole et al. (1994) were unable to replicate the latter finding.

What are the three polygraph techniques? ›

Polygraph Question Techniques. Three types of question techniques combining the four question types are described below: the relevant/irrelevant (R/I) technique, the control question technique (CQT), and concealed information techniques.

Can you take a lie detector test if you have anxiety? ›

Anxiety isn't an automatic disqualifier from passing a polygraph. While it may affect your results, anxiety and depression shouldn't keep you from pursuing positions that require passing a polygraph.

Can people with ADHD pass a polygraph? ›

If you have a mental condition Anxiety, Depression, Bi-Polar, ADHD, ADD or PTSD you as long as your condition is under control, you can sit still, follow directions, breath normally you could successfully undergo an accurate polygraph lie detection examination.

How reliable is a polygraph test? ›

There have been several reviews of polygraph accuracy. They suggest that polygraphs are accurate between 80% and 90% of the time. This means polygraphs are far from foolproof, but better than the average person's ability to spot lies, which research suggests they can do around 55% of the time.

Can you fail a polygraph if you aren't lying? ›

Can an Innocent Fail the Test? As mentioned above, an innocent person can fail polygraph tests but may not be necessarily linked with lying. As polygraph results depend on physiological reactions and psychological behaviours, it is not the most accurate.

What is an alternative to a polygraph test? ›

If no difference is found between relevant and control questions, the test result is considered "inconclusive." An alternative polygraph procedure is called the Guilty Knowledge Test (GKT). A GKT involves developing a multiple-choice test with items concerning knowledge that only a guilty subject could have.

Can polygraph answers be used against you? ›

The test results cannot and will not be used against you at a hearing or in a trial. The United States Supreme Court has also noted polygraph tests do not reach reliable scientific standards because accuracy is questionable. However, it has not been forbidden at the federal level.

Does high blood pressure affect a lie detector test? ›

During polygraph tests subjects very often respond to the crime questions with a definite rise in blood pressure. Whenever this happens, the examiner should be very wary before deciding that such a reaction is one indicating deception.

Can PTSD cause you to fail a polygraph test? ›

The test won't hurt them, but since the polygraph measures physiological responses, physical or mental conditions that affect those responses can lead to “inconclusive” results. Those who suffer from anxiety, depression, or PTSD may also be taking certain medications that can affect the polygraph results.

Should you agree to a polygraph? ›

There is no clear answer when it comes to deciding whether to take a polygraph test, whether you've been asked by the prosecutor or would like to take a test to establish your innocence. Either way, it's vital you speak to an experienced criminal defense attorney as soon as possible.

What is the most commonly used question in polygraph? ›

Common Polygraph Questions
  • Personal history.
  • Negative information from other agencies (such as previously failing a polygraph)
  • Employment background.
  • Criminal behavior.
  • Financial information.
  • Illegal drug use.
  • Alcohol use.
  • Illegal or deviant sexual behavior.

How much does a polygraph test cost? ›

A lie detector test cost, in New York, is typically between $400-$500. For more information on local polygraph test costs or lie detection services, in New York, contact our office today.

What are the two types of polygraphs? ›

There are two types of polygraph examinations used in security clearance and employment screenings: counterintelligence and lifestyle.

Does caffeine affect a polygraph? ›

Stick to Your Everyday Routine

For example, many people are afraid that something like caffeine or medication will impact their test accuracy. That is certainly not the case. If you are someone who likes a cup or three of coffee in the morning, go ahead and drink them on your exam day.

What is the primary reason individuals might fail a polygraph? ›

Polygraph errors may be caused by the examiner's failure to properly prepare the examinee for the examination, or by a misreading of the physiological data on the polygraph charts. As with any test involving humans, it's possible for an examiner to do everything correctly and still have the test result in an error.

What is the best advice for polygraph test? ›

The best advice that you can get about passing the polygraph test is to tell the truth. The police department that is going to hire you does not demand that you have lead the perfect life so far but expects you to be an honest and truthful person who is going to perform the job showing integrity.

What is a strong relevant question in polygraph? ›

RELEVANT-IRRELEVANT TEST

A relevant question is one that deals with the real issue of concern to the investigation. These questions include asking whether the examinee perpetrated the target act or knows who did it and perhaps questions about particular pieces of evidence that would incriminate the guilty person.

Can you be honest and still fail a polygraph test? ›

Polygraph tests are not infallible, and there are several reasons why you may have failed the test even if you were telling the truth. For example, if you are particularly nervous or anxious during the test, this can cause the polygraph to register false positives.

How many people fail a polygraph? ›

Nearly 50% of recruits fail the polygraph or lie-detector component, the vice president of the National Border Patrol Council said. “They'll go any other place where they're not treated like a criminal during that portion of the hiring process,” Anfinsen said.

Will a polygraph examiner tell you if you failed? ›

You will not be notified of your results on the spot, but they will be reviewed by another examiner and you will be contacted later with the results.

Can you pass a polygraph test on drugs? ›

With the exception of mental illness, drugs and medical conditions don't necessarily enable a person to beat a lie detector test. However, they do skew the results, making them less reliable.

What is the silent answer test on the polygraph? ›

Specialized procedure in which the examinee is directed to answer to himself instead of making a verbal response. The use of the SAT is prescribed by some PDD experts to help avoid distortions to the pneumograph tracings attributable to speech disorders, or to uncover certain countermeasures.

What is weak relevant questions? ›

Weak: Questions that have been used so much they now sound like utter cliches. Sometimes just a re-wording can help. For example: "What keeps you up at night?" (Better: "As you think about these three initiatives, what are going to be the likely challenges or barriers to implementation?")

What is an example of an irrelevant question on a polygraph? ›

a question format used in polygraph testing in which physiological responses accompanying questions relevant to a crime (e.g., “Did you steal from the office?”) are compared with responses accompanying questions irrelevant to the crime (e.g., “Are you 24 years old?”).

Can you lie because of anxiety? ›

While pathological lying isn't a defining feature of anxiety as it is with other disorders, such as NPD, anxiety and compulsive lying can sometimes go hand in hand. People with anxiety disorders may lie to protect themselves from anxiety triggers or to handle things like a fear of rejection.

How do you prove test anxiety? ›

Symptoms of test anxiety

Emotional symptoms: Feelings of stress, fear, helplessness, and disappointment, negative thoughts (rumination about past poor performances, consequences of failure, feeling inadequate, helpless), mind going blank, and racing thoughts.

What drugs help pass polygraph? ›

In fact, there are many prescriptions that may aid in passing a polygraph while lying. These include; beta-blockers (lower blood pressure), mild sedatives (benzodiazepines, barbiturates, GABA-derivatives, Z-drugs), and major sedatives (many antipsychotics or tranquilizers.)

Can you take Xanax before a polygraph? ›

During the polygraph pre-interview, if you are on certain medications known to affect the polygraph results, it will come out and you will be deemed unsuitable for testing. (Don't bother sneaking beta blockers or Xanax before the poly thinking you'll get away with it.

What is proof of ADHD? ›

There's no simple test to determine whether you or your child has ADHD, but your specialist can make an accurate diagnosis after a detailed assessment. The assessment may include: a physical examination, which can help rule out other possible causes for the symptoms. a series of interviews with you or your child.

How do you prove ADHD disability? ›

Some types of objective medical evidence that can support a claim for disability based upon ADHD/ADD include:
  1. Medical history.
  2. Documentation of medical condition features such as hyperactive and impulsive behavior.
  3. Records of any mental status examination.
  4. Records of psychological testing.

What is more accurate than a polygraph? ›

Using only a microphone and the CVSA® instrument, the results are charted to indicate stress associated with “deception” or “no deception.” With the CVSA®, there are no inconclusive results as there are with the polygraph. In field and lab studies, the CVSA® has proven to have higher accuracy rates than the polygraph.

Are polygraph tests just yes or no questions? ›

A polygraph test consists of only "yes" or "no" questions. Experts say the kinds of questions asked during an exam play a significant role in the accuracy of the exam's results, therefore it's important that the examiner is properly trained in the practice.

What is the success rate of the polygraph test? ›

Research has shown that the accuracy of the latest computerised polygraph testing techniques is 98%. There are several key qualities that are important in order to achieve this level of accuracy.

Should you ever agree to a polygraph? ›

The test is more of a scare tactic to try to extract information from you. Although polygraph test results aren't admissible in court, they're still used by police because of their psychological value. So, if you know you're innocent (or even if you aren't), avoid trying to convince the police of your innocence.

Can an honest person fail a polygraph? ›

Polygraph tests are not infallible, and there are several reasons why you may have failed the test even if you were telling the truth. For example, if you are particularly nervous or anxious during the test, this can cause the polygraph to register false positives.

Will I fail a polygraph if you are nervous? ›

Nervousness may result in a person failing a polygraph test. Even if you aren't lying but because you are nervous, your blood pressure is high, and you are breathing heavily. As lie detectors cannot differentiate between Anxiety, nervousness and lying.

Should I take a polygraph test if I'm innocent? ›

Even if investigators tell you it is mandatory or threatens to arrest you for not taking one, you are not at fault. If you are innocent, volunteering for the test may seem like the right move. However, the test results are not always accurate, and therefore, this is not advisable.

Can you refuse to answer a question in a polygraph test? ›

If the defendant refuses to answer a specific question during the polygraph examination or in any other interview on the grounds that it is incriminating, the probation officer may not compel (e.g., through threat of revocation) the defendant to answer the question.

Do you have to answer yes or no to polygraph? ›

A polygraph test consists of only "yes" or "no" questions. Experts say the kinds of questions asked during an exam play a significant role in the accuracy of the exam's results, therefore it's important that the examiner is properly trained in the practice.

How to pass a polygraph test with anxiety? ›

Maintain your breathing pattern and keep in mind that the polygraph is not infallible, and that you are in control of your own physiological response. Daydream about something soothing, X Research source like cuddling under a warm blanket with a cup of hot chocolate on a cool night, or taking a relaxing shower or bath.

What percentage of people fail a polygraph? ›

Nearly 50% of recruits fail the polygraph or lie-detector component, the vice president of the National Border Patrol Council said. “They'll go any other place where they're not treated like a criminal during that portion of the hiring process,” Anfinsen said.

Can you outsmart a lie detector test? ›

Yes, it is possible to lie and pass a polygraph. First, the machine itself has flaws which can be exploited and many consider these devices to be, at best, "pseudoscience"; it's best to do some reading on this aspect, as the discussion is lengthy.

What percent of people can pass a polygraph? ›

They suggest that polygraphs are accurate between 80% and 90% of the time. This means polygraphs are far from foolproof, but better than the average person's ability to spot lies, which research suggests they can do around 55% of the time.

What causes people to fail polygraphs? ›

You can fail the test simply because you don't quite understand the question, or over-analyze the question each time, even if the examiner gave you clarification multiple times. Related: Does your resume pass the 6-second test? Get a FREE assessment.

Should you tell the truth on a polygraph? ›

Lying is a breach of character and it says to law enforcement departments that you do not have aptitude to succeed in this career. So, whilst you may be tempted to lie during the police polygraph exam, we do not recommend it. Instead, we encourage students to have the backbone to tell the truth.

How long does it take for polygraph results to come back? ›

How long will it take to get the results? Barring extenuating circ*mstances, you will receive final results and a written report within 24 hours of the exam. How can I pay for my polygraph exam?

How accurate is a lie detector test? ›

Research has shown that the accuracy of the latest computerised polygraph testing techniques is 98%. There are several key qualities that are important in order to achieve this level of accuracy.

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