Field Sobriety If you are charged with a DWI charge hire Attorney & Former Missouri State Trooper vigorously defend you ! Missouri DWI Field sobriety tests are designed to test divided attention. They work off the assumption that a person not under the influence of drugs or alcohol can perform multiple tasks at the same time - that is, they can multi-task, and that an intoxicated person - whether intoxicated by drugs or alcohol - cannot multi-task, but must focus on one task at a time in order to sufficiently perform the task. The problem with many Missouri field sobriety tests given by law enforcement officers is that only three of them have been validated by the National Highway Traffic Safety Administration (NHTSA). Here are the tests most given by police officers: Horizontal Gaze Nystagmus - the officer will ask the driver to follow a pen, finger, or other object from side to side. The officer is looking for a jerking of the eye, smooth pursuit of the finger or object, or a trembling of the eye. The test has a possible six points, with four or more points failing. Walk and turn - the officer will ask the driver to start with his right foot in front of his left, arms to his side as the officer explains the instructions to the driver. The officer will then tell the driver to look at his own feet as he takes nine steps down in a straight line, walking heel-to-toe, counting each step out loud, keeping his hands to his sides. At the end of nine steps the driver is to slowly turn, taking small steps to complete the turn, then return nine steps in the same manner as before. The officer is looking for the driver to use his arms for balance, step off line, begin before the instructions are completed, improperly turn, not touch heel to toe, or other signs of intoxication. The test has a possible nine points, with two or more failing. One leg stand - the driver is asked to stand with their heels together, pointed at a forty-five degree angle, hands at their side, then raise one leg about six inches off the ground, toe pointed outward, and while looking at their toe count aloud until instructed to stop. The officer is looking for the driver to use his arms for balance, hop on one foot, place his foot down, sway, not look at his feet, not count aloud, muscle tremors, or other signs of intoxication. The test has a possible five points, with two or more failing. Finger to nose - the driver is instructed to close his eyes, raise his arms out to his sides, and when instructed to touch the tip of whichever finger the officer tells him to the tip of his nose. The officer is looking for inability to follow instructions, swaying, tremors, or other signs of intoxication. There are no standardized points for this test. Rhomberg balance test - this test challenges the drivers "internal clock". This test assumes that most people can estimate 30 seconds when sober. The driver is instructed to tilt their head backward with their eyes closed. That driver is instructed that when he believes that 30 seconds has passed he is open his eyes and look forward and tell the officer to stop the test. The officer is looking for the driver to stop the test early or late, sway, lose balance, muscle tremors, or other signs of intoxication. There are no standardized points for this test. Alphabet - the driver is instructed to say, not sign, the alphabet start to finish. The officer is looking for confusion, missed letters, slurred speech, the smell of alcoholic beverages coming from the driver when he speaks, and other signs of intoxication. There are no standardized points for this test. Counting - the driver is instructed to slowly count backwards from a given number to another given number. The officer is looking for confusion, missed numbers, slurred speech, the smell of alcoholic beverages coming from the driver when he speaks, the driver not remembering where to stop counting, and other signs of intoxication. There are no standardized points for this test. Portable Breath Test - this is a handheld breath testing device that the driver is instructed to blow into for a certain time period. This is not a point-assessed test. The officer is merely looking for above .08 or below .08. The machine, however, does render an exact BAC reading. The exact number is not admissible in court. An attorney with the understanding and background on these tests can challenge the officer's testimony on how they were administered and what the test results mean. Also, oftentimes police officers administer these tests in such a way as to make the driver believe he must submit to them. In fact, there are no requirements under Missouri law that drivers do so. Submitting to these tests is completely voluntary . Other problems include, some are not validated, all are subjectively interpreted by the officer, they are typically administered on the side of a busy roadway. Roadways have rocks, are uneven, have traffic driving by, and are administered outdoors where weather, lighting, and movement of other objects in the area may be a factor. Additionally, these tests assume that all persons stopped are healthy, active people with "normal" physical abilities. Noteworthy is the fact that the validity of these test is questioned if the administrator of the test is using them to estimate BAC below .10. Proper administration of this test includes giving precise instructions provide in the training materials. For more information on how we challenge Missouri DWI charges , contact us ! Click here to send an email to Missouri DWI Attorney Michael Selby! Click here to learn more about the Law Firm of Selby & Panka, LLC ! 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WHERE DO WE PRACTICE Kansas City, MO Practice areas: 64101 Kansas City, MO, 64102 Kansas City, MO, 64105 Kansas City, MO, 64106 Kansas City, MO, 64108 Kansas City, MO, 64109 Kansas City, MO, 64110 Kansas City, MO, 64111 Kansas City, MO, 64112 Kansas City, MO, 64113 Kansas City, MO, 64114 Kansas City, MO, 64116 Kansas City, MO, 64117 Kansas City, MO, 64118 Kansas City, MO, 64119 Kansas City, MO, 64120 Kansas City, MO, 64123 Kansas City, MO, 64124 Kansas City, MO, 64125 Kansas City, MO, 64126 Kansas City, MO, 64127 Kansas City, MO, 64128 Kansas City, MO, 64129 Kansas City, MO, 64130 Kansas City, MO, 64131 Kansas City, MO, 64132 Kansas City, MO, 64133 Kansas City, MO, 64134 Kansas City, MO, 64136 Kansas City, MO, 64137 Kansas City, MO, 64138 Kansas City, MO, 64139 Kansas City, MO, 64144 Kansas City, MO, 64145 Kansas City, MO, 64146 Kansas City, MO, 64147 Kansas City, MO, 64149 Kansas City, MO, 64150 Kansas City, MO, 64151 Kansas City, MO, 64068 Liberty, MO, 64152 Kansas City, MO, 64153 Kansas City, MO, 64154 Kansas City, MO, 64155 Kansas City, MO, 64156 Kansas City, MO, 64157 Kansas City, MO, 64158 Kansas City, MO, 64160 Kansas City, MO, 64161 Kansas City, MO, 64163 Kansas City, MO, 64164 Kansas City, MO, 64165 Kansas City, MO, 64166 Kansas City, MO, 64167 Kansas City, MO, 64170 Kansas City, MO, 64173 Kansas City, MO, 64180 Kansas City, MO, 64183 Kansas City, MO, 64184 Kansas City, MO, 64185 Kansas City, MO, 64187 Kansas City, MO, 64189 Kansas City, MO, 64192 Kansas City, MO, 64193 Kansas City, MO, 64194 Kansas City, MO, 64197 Kansas City, MO, 64198 Kansas City, MO, 64944 Kansas City, MO, 64999 Kansas City, MO. Clay County, MO Practice areas: 64116 North Kansas City, MO, 64068 Liberty, MO, 64069 Liberty, MO, 64087 Liberty, MO, 64117 Randolph, MO, 64116 Gladstone, MO, 64118 Gladstone, MO, 64119 Gladstone, MO, 64155 Gladstone, MO, 64156 Gladstone, MO, 64166 Gladstone, MO, 64069 Liberty, MO, 64087 Liberty, MO, 64024 Excelsior Springs, MO, 64117 Avondale, MO, 64161 Birmingham, MO, 64119 Claycomo, MO, 64118 Oakview, MO, 64068 Pleasant Valley, MO, 64073 Mosby, MO, 65202 Prathersville, MO, 64072 Missouri City, MO, 64161 Randolph, MO, 64188 Gladstone, MO, 64060 Kearney, MO, 64089 Smithville, MO, 64165 Gladstone, MO, and all Kansas City North, MO locations. Jackson County, MO Practice areas: 64050 Independence, MO, 64052 Independence, MO, 64053 Independence, MO, 64054 Independence, MO, 64055 Independence, MO, 64056 Independence, MO, 64057 Independence, MO, 64058 Independence, MO, 64013 Blue Springs, MO, 64014 Blue Springs, MO, 64015 Blue Springs, MO, 64029 Grain Valley, MO, 64034 Greenwood, MO, 64063 Lake Lotawana, MO, 64086 Lake Lotawana, MO, 64063 Lee's Summit, MO, 64064 Lee's Summit, MO, 64065 Lee's Summit, MO, 64081 Lee's Summit, MO, 64082 Lee's Summit, MO, 64086 Lee's Summit, MO, 64129 Raytown, MO, 64133 Raytown, MO, 64138 Raytown, MO, 64050 Sugar Creek, MO, 64053 Sugar Creek, MO, 64054 Sugar Creek, MO, 64056 Sugar Creek, MO, 64058 Sugar Creek, MO, 64065 Unity Village, MO, 64015 Lake Tapawingo, MO, and all Kansas City, MO locations. Platte County, MO Practice areas: 64079 Platte City, MO, 64163 Ferrelview, MO, 64151 Houston Lake, MO, 64151 Lake Waukomis, MO, 64151 Parkville, MO, 64152 Parkville, MO, 64151 Platte Woods, MO, 64152 Weatherby Lake, MO, 64153 Weatherby Lake, MO. Ray County, MO Practice areas: 64012 Belton, MO, 64701 Harrisonville, MO, 64078 Peculiar, MO, 64080 Pleasant Hill, MO. Lafayette County, MO Practice areas: 64011 Bates City, MO, 64076 Odessa, MO, 64075 Oak Grove, MO. Additionally, we represent persons charged with their third DWI, or a felony DWI, anywhere in the State of Missouri. To visit our firm's main web site please go to www.selbypankalaw.com ! If this site is not performing properly please go to www.stonefitproducts.com ! Home Page | About Us | Search | Site Map | Police Tactics | Legal Disclaimer | DWI FAQ's | Defense Tactics | DWI License Suspensions | Criminal Penalties | Missouri DWI Law | Missouri DWI Caselaw | Driver Errors | Calculate your BAC | Links
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Blood Alcohol Content By DUINetwork.com Tennessee : Testing for Blood Alcohol Content Tennessee DUI Home About DUINetwork DUI DEFENDANTS Tennessee DUI FAQs Important Checklist DUI Dictionary DUI Penalties The Arrest Process Sobriety Checkpoints Blood Alcohol Tests - Field Sobriety Tests - Breath Tests - Blood Tests Federal Issues Legal Process Winning Your Case Common Mistakes Other DUI Costs - Travel Restrictions - Career - Probation - Immigration Tennessee Courts FOR ATTORNEYS Publications Organizations Seminars Law Offices of Steven Oberman (Knoxville) Putting our experience to work for you. Free consultation. 865-546-4292 Testing for Blood Alcohol Content By driving a vehicle in the state you give your "implied consent" to submit to a chemical test for alcohol or drug content if suspected by a police officer of driving under the influence. In this state, the officer will only offer a breath test. If you refuse, you will lose your license. When state law talks about "Alcohol Content" or BAC, it refers to the number of grams of alcohol present per 100 milliliters of blood in the person's system. A BAC of 0.10 would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of blood. So when it comes to the legal limit of 0.08, we are talking about a small amount of measurable alcohol. Blood Tests Typically, when chemical evidence is admitted for use by the prosecution, there are more ways to attack the accuracy of a breath test than a blood test. Blood testing involves taking a sample of blood and directly measuring the alcohol content. A blood test also measures for the presence of prohibited drugs and their metabolites in your system. If you have been arrested for OUI in the state or already consented to a , breath test, you are permitted to have a second blood test conducted by an independent source, at your expense. While blood tests are the most reliable method of testing for BAC, they are by no means infallible. Typically, blood samples are drawn by hospital staff. (In some jurisdictions, a police officer might have sufficient training as a phlebotomist to draw your blood, but this is less often the case). In any event, the methods taken to draw blood can have a significant impact on test results and the admissibility of this evidence. Medical personnel must have appropriate credentials and follow precise procedures, otherwise, the test results may be subject to challenge. Contaminated samples or flawed procedures can influence and erroneously inflate BAC results. Provided below is a partial list of sources and examples of defense(s) related to blood tests: HIPAA: The Health Insurance Portability and Accountability Act of 1996 is an evolving piece of legislation and area of healthcare law. Basically, any entity that has access to your medical records or produces any patient medical information (such as test results), must adhere to a strict set of complex guidelines in order to protect patient privacy. Noncompliance with HIPAA regulations by a healthcare provider can influence the admissibility of your blood test results and likewise the outcome of your case. Yeast: If introduced into the blood sample, can produce falsely high BAC readings. Yeast consumes blood sugars. The byproduct is alcohol - indistinguishable from alcohol whose source is an alcoholic beverage. Non-sterile tube: The top of the blood test tube has been contaminated or has not been properly sterilized. Administrative Errors: The lab or hospital has incorrectly identified your sample and your test results are from someone else’s blood. This can be definitively verified through a DNA test. Alcohol Swab: If the site of the needle puncture on your arm was first sterilized with any substance containing alcohol, this alcohol can be transferred to the needle and ultimately into the blood sample and generate erroneously high BAC results. Defective Vacuum: Tubes used to collect blood contain a vacuum that helps deposit blood into the tube. If this vacuum is damaged or does not function properly, contaminants can be introduced that could influence test results. Breath Tests A breath test measures only alcohol and is more error prone. Equations are used to gauge the relative amount of alcohol contained in a sample of deep lung (alveolar) air and law enforcement then has to calculate the amount of blood alcohol that should be present. Testing alveolar air has its problems, in that the sample does not necessarily remain constant. Temperature and breath patterns also affect the content of any given breath sample. Also, many common substances can register as alcohol when in fact they are not. There are several different breath test machines (commonly referred to as a breathalyzers) available on the market. They are manufactured by private companies and sold to law enforcement agencies. These different devices come with their own unique characteristics and requirements for proper use and care. The improper use, testing and/or maintenance of these various devices can play a significant role in your defense. Likewise, it is important to select an attorney with a high degree of familiarity with these machines. Even the most advanced breathalyzers, such as the Intoxilyzer, has its problems.The Intoxilyzer uses infrared spectrometry to measure the degree of alcohol in a breath sample. A quartz lamp inside the machine radiates infrared energy through the sample. The amount of energy that makes it through the sample (and is not absorbed by alcohol) is then measured and calculations are made. The greater the amount of alcohol present in the sample being analyzed, the greater the absorption. However, to deliver results admissible in court, the breath testing device must have been properly maintained and operated. Even when functioning properly, it has a modest but inherent margin of error. So, even if you've failed a chemical test, there are ways to challenge the results. A skilled attorney must be engaged to adequately assess how these test results may be successfully defended or thrown out altogether. Field Sobriety Tests Most OUI cases include evidence from field sobriety tests ("FST’s"). These tests, such as the One Leg Stand, Walk and Turn and Horizontal Gaze Nystagmus (Eye Test) are used by law enforcement to establish probable cause and help secure DUI convictions. These roadside tests are completely voluntary. Refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you are not to refuse to take these tests). The biggest drawback is that, typically, the prosecutor can use your refusal against you in court. It is important to understand that no studies conclusively link the roadside "Field Sobriety Tests", to a persons level of intoxication. Even when conducted under ideal circumstances, the best studies show less than an 80% rate of accuracy. Also, these tests results are influenced by how well the officer conducted the tests and in some instances, his or her own interpretation of your performance. These circumstances can lead to results that are unreliable or inconclusive – results that can be successfully defended more often than most defendants realize. Only three of the tests available to officers have sufficient merit to be recognized by the National Highway Traffic Safety Administration (NHTSA). These tests include Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One Leg Stand Test. No other tests given in the state have been validated in any official way. Examples include the Finger to Nose Test, the Rhomberg Balance Test, counting or saying the ABCs backwards, counting ones fingers, etc. There is no proven correlation to these test results and ones ability to safely operate a motor vehicle. The Arrest Process This section provides an overview of the process an officer will go through to determine whether to arrest you for driving under the influence of alcohol or drugs. Signs of Impairment People operating a vehicle under the influence typically exhibit some symptoms of impairment. The vehicle might be going extremely fast or extremely slow. Officers look for a willingness to take risks, poor coordination, slowed reactions and impaired vision. Routine traffic violations are also used - violation of a posted control sign, a failure to use a turn signal, inappropriate use of high beams or other cues that alert the officer to a driver that might be influenced by intoxicants. An officer requires a reasonable belief that the driver was operating in an unreasonable manner, or a reasonable suspicion that a law has been broken, to justifying pulling a vehicle over. The National Highway Transportation Safety Administration (NHTSA) has established specific visual cues that indicate a driver’s probability of being legally intoxicated. Officers often rely upon this information to establish a basis for stopping suspected drunk or drugged drivers. When the officer sees more than one cue, the probability rises. The probabilities listed below correspond to the officer observing only one cue: THE OFFICER'S VISUAL CUE CORRESPONDING PROBABILITY OF IMPAIRMENT Headlights off 30% Accelerating or decelerating rapidly 30% Turning abruptly or illegally 35% Stopping inappropriately (other than in the lane of travel) 35% A slow response to traffic signals 40% Driving into or crossing traffic 45% Erratic application of the brakes 45% Driving with tires on center or lane marker 45% Drifting 50% Following too closely 50% Stopping without cause in the lane of traffic 50% Driving slower than 10 miles per hour 50% Swerving 55% Driving on other than the designated highway 55% Weaving 60% Almost striking object or vehicle 60% Appearing to be drunk: (eye fixation; tightly gripping the steering wheel; gesturing erratically or obscenely; face close to the windshield; drinking in the vehicle; driver's head protruding from vehicle) 60% Straddling center or lane marker 65% Turning with wide radius 65% There is also an opportunity for the observation of several more cues of impairment when an officer initiates a traffic stop. These observations can be used to prove the driver was under the influence. Typical observations include a lack of response or a slowed response to flashing lights or sirens, pulling over suddenly or in an inappropriate place, abruptly swerving or attempting to flee, as examples. Prosecutors and officers also use this opportunity to look for signs of "divided attention", invoking a theory frequently used to explain impairment. It is based on the assumption that the ability to execute multiple tasks simultaneously is limited by alcohol or drugs in the system. Flashing lights, sirens and other distractions must be dealt with that a driver under the influence may have trouble handling. However, there could be other reasons why a driver experienced some difficulty in these situations. Making Contact with the Driver Once the stop has been completed, the officer begins the process of making personal contact with the driver. After an officer approaches the vehicle, they observe and interview the driver, usually while the driver remains in the vehicle. The officer typically asks the driver general questions while looking for evidence of impairment, such as an odor of alcohol, bloodshot eyes, flushed face, slurred or impeded speech, etc. The officer will also note if the driver has any trouble retrieving their license and registration from a pocket or glove compartment. The officer will also look around the vehicle for any evidence in plain view, such as beverage containers or drug paraphernalia. The officer may also administer some simple verbal exercises or other preliminary, seated sobriety tests to help determine impairment. Next, the officer decides whether to request that the driver get out of the vehicle. Does the driver trip, stumble or use the door for support? The officer observes how a driver exits the vehicle. Screening Once the driver is out of the vehicle, the officer enters a pre-arrest screening phase of the DUI investigation. First, the officer administers field sobriety tests. These tests attempt to provide a judge (or jury) with clinical symptoms of impairment. They may also serve to reinforce the officers prior observations of the suspect. A skilled defense attorney will thoroughly scrutinize every detail of these tests. For example, the test results might be discredited by successfully asserting that: The officer didn't first properly demonstrate the test; The driver didn't under stand the test well enough to perform it; The lighting was insufficient; The road was uneven or otherwise unsuitable; The weather conditions were poor; That driver had a pre-existing physical condition which affected test performance... Even if an officer does everything possible to minimize these defense arguments, it can be difficult to conduct tests under flawless conditions. The "standardized" field sobriety tests that NHTSA recommends are Walk and Turn , One Leg Stand and Horizontal Gaze Nystagmus . Other, non-NHTSA standardized field sobriety tests include, among others, the Coin Toss Test , Finger To Nose Test and various Balancing Tests . Following the field sobriety tests, the officer's next task in a DUI investigation is typically to administer a preliminary breath test (PBT), which the police use to confirm the chemical basis for impairment. This test is performed with a hand-held device (often an Alcosensor III). This portable device generally does not have an attached printer. A preliminary breath test is for investigatory purposes only and results are not typically admissible in Court. If the officer has evidence of drug impairment, it will be necessary to seek out assistance from an officer who has been trained and certified as a Drug Recognition Expert (DRE). Note that the majority of law enforcement officers do not have DRE status. Likewise, most officers are not certified to administer a standardized drug recognition examination of a suspect. The arrest occurs at the conclusion of the pre-arrest screening process. If the officer decides to arrest the suspect, he must have probable cause that the driver is under the influence of alcohol or drugs. If mistakes or improper procedures by law enforcement occurred at any point along this process, a good OUI defense lawyer will make certain that these facts are appropriately used in your defense. Sobriety Checkpoints Sobriety checkpoints (police roadblocks) used to screen drivers for OUI are legal in the state. At a given location, these checkpoints provide a place where law enforcement can stop vehicles, question drivers and observe them for signs of intoxication. These checkpoints can result in a considerable number of DUI arrests each year. Driving makes you are subject to these DUI checkpoints. If you turn around prior to reaching the checkpoint, there is a good chance that you will be followed. If the officer notices a traffic violation or other driving behavior that provides just cause to pull you over, you will likely be stopped. If you fail to stop for a checkpoint, the police can pursue and pull you over. If you are at a OUI Checkpoint and the officer develops a reasonable suspicion that you are under the influence, you may be detained further. This detention might include requests for you to perform field sobriety tests, or to answer questions about your intake of alcohol or drugs. If the officer develops probable cause, you may be arrested and asked to perform a test of your breath, blood or urine to determine the presence of alcohol or drugs. There are a number of guidelines law enforcement must follow to properly conduct sobriety checkpoints. These exact procedures must conform to state regulations and also to avoid violating your constitutional protections from unreasonable search and seizure. For example, detentions must be brief and only long enough ensure you are not intoxicated, unless some other crime is observed or in progress. To adequately ensure that your rights have not been violated and all of your defenses have been thoroughly explored, consult an experienced drunk driving practitioner if you have been arrested at a sobriety checkpoint. The DUI Network Websites: Arizona Maryland Massachusetts Tennessee Texas
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DUI / DWI, Drinking 
