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DUI Lawyer TN Drunk Driving Lawyer Tennessee DUI Attorney DWAI DWI OUI Knoxville TN Areas of Legal Practice | About the Lawyers | DUI /DWI Information | Court Information | Defense Resources Frequently Asked Questions | Contact Us | Prospective Client Information | Related Links Field Sobriety Test Summary DUI Penalties Tennessee Criminal Justice System Blood Alcohol Educator Underage DUI Implied Consent Violation Expungement of Criminal Record Chemical Test Summary DUI Information Field Sobriety Tests Summary Introduction Although this is intended to be a very cursory summary of field sobriety tests, Mr. Oberman can explain to you in more detail the history of the field sobriety tests, the administrative procedures, the instructions, the standardized clues and the scoring system when you meet with him. Mr. Oberman is one of the few lawyers in the nation who have been certified by the National Highway Traffic Safety Administration to administer these tests. Click here for a PDF of Case Law . History Field sobriety tests have been around as long as the enforcement of DUI laws. For years, field sobriety tests varied among officers within the same law enforcement agency as well as from one agency to another. Field sobriety tests were limited only by the officers’ collective imaginations. In the late 1970’s the United States Department of Transportation, National HighwayTraffic Safety Administration (hereinafter referred to as NHTSA), funded research to evaluate currently used physical coordination tests which were used to determine the relationship between intoxication and driving impairment, to develop more sensitive tests which would provide more reliable evidence of impairment, and to standardize the tests. The researchers finally concluded that the three test battery, which included the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, offered a reliable field sobriety testing procedure. The next step was to standardize these tests. Additional research was therefore conducted to complete the development and validation of this sobriety test battery and to assess the battery’s feasibility in the field , as well as its effectiveness for estimating the blood alcohol content of subjects and facilitating the identification of persons with a blood alcohol content above the legal limit. Types of Field Sobriety Tests Horizontal Gaze Nystagmus Nystagmus is the involuntary jerking of the eye. It can be an indication of intoxication. However, the occurrence of nystagmus is not dependent upon the presence of an intoxicant in the body. Substances that would not interfere with driving ability can produce nystagmus, and nystagmus may be congenital or caused by structural neurologic disease. Examples of possible manifestations of alcohol impairment emerging during nystagmus test include the inability to keep the head still; noticeable swaying, and the utterance of incriminating statements. Points are not deducted, however, for any of these behaviors. Examples of conditions that may interfere with suspect’s performance of the nystagmus test include a suspect having an artificial eye; having damaged or very weak vision in one eye; eye irritants such as wind, dust, and rain; and visual and other distractions which impede the test, such as traffic, blinking lights, rain, etc. Some persons who are not under the influence may exhibit nystagmus. Nystagmus may also be caused by certain pathological disorders such as brain tumors, brain damage and some diseases of the inner ear. Walk and Turn In this test, the subject assumes a heel-to-toe stance with the subject’s arms down at her side. The subject is to maintain this position until the officer tells her to begin walking. At that time, pursuant to the instructions given bythe officer during the instruction phase, the subject is to take 9 heel-to-toe steps down a real or imaginary, turn around and take 9 heel-to-toe steps back up the line. The turn is not a pivot, but instead is made by taking a series of small steps with one foot, keeping the front foot on the line. While walking, the subject is to keep her arms at her side, watch her feet at all times, and count her steps out loud. Examples of conditions that may interfere with suspects performance of the walk and turn test include wind and weather conditions; the suspect being over the age of sixty; the suspect being fifty pounds or more overweight; the footwear of the suspect; and highway traffic. One Leg Stand The instructions for this test are given to the subject while the subject stands with his feet together, and arms down at his side until told to start. The instructions which are supposed to be given to the subject (with accompanying demonstration) are for the subject to stand on one leg (either leg), holding out the other foot approximately 6 inches off the ground, foot pointed forward so the raised foot is approximately parallel to the ground. While standing, the subject may be instructed to maintain this position while the officer estimates thirty second or the subject may be told to count out loud (one thousand and one, one thousand and two, and so on). Either way, the subject is to keep his arms at his sides at all times and watch the raised foot. Examples of conditions which may impede a suspect’s ability to perform this test include a test surface which is not dry and level; the suspect being over the age of sixty; the suspect being at least fifty pounds overweight; footwear which impedes the performance of the test, such as heels; and certain medical problems and disabilities. Non Standardized Field Sobriety Tests There are other, non-standardized field sobriety tests which have been approved for use by such organizations as International Association of Chiefs of Police ("I.A.C.P.") in their "Improved Sobriety Testing for Boating/Alcohol Enforcement" Student Manual and the U.S. National Park Service. These tests include, but are not limited to, the finger to nose test, the finger count test, the hand pat test, the alphabet test, the reverse counting test, and the coin pickup test. U.S. Department of Transportation, National Highway Traffic Safety Administration, DWI Detection and Standardized Field Sobriety Testing, Student Manual, VIII-5 (2000). Back to Top Site Index | Home Law Offices of Steven Oberman 550 Main St. Suite 950 Knoxville, Tennessee - TN 37902 Phone: (865) 546-4292 Fax: (865) 540-1696 Email: info@tndui.com
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Complimentary use of our Per Se DMV service, a former DMV hearing officer will review your file to establish each and every defense you have to the automatic suspension of your license. We are the only firm in the state who has a former trained DMV hearing officer on staff to aid in your defense. 7. A full and complete investigation into all the important facts in your case 8. Regular updates on your case status by our trained staff 9. Referrals to psychological and substance abuse programs if needed 10. Mailed and telephone contact reminders for court dates When your case is done: 11 File maintenance for 7 years in a password protected secure digital format 12. Continued updates of the law as it may impact your life and licenses, direction to a highly qualified, screened attorney for ancillary legal matters and advice on how to handle disclosure of DUI arrest after case is dismissed with explanatory letters to interested parties as necessary Recent News & Updates Tuesday, January 24, 2006 Great Victories come when you prepare for trial On Monday, January 23rd, we were able to successfully resolve 2 very complicated cases. First, in a case with an alcohol test over .23 (nearly 3 times the legal limit) and an admission by the client (with a prior DUI conviction) that he was drunk, we were able to convince the prosecutor to DROP ALL the charges. Only moments later we were able to successfully negotiate for a series of infractions for another client with multiple prior offenses totalling less than $500. In that case the breath tests were .245 and .219 - well over the legal limit. Being aggressive and preparing for trial sometimes gets great pretrial results posted by Jay Ruane at 2:57 PM Online Interactive Questionairre Click Here to Start Your FREE Consultation Right Now! A message from Attorney Jay Ruane 30 Second Video Clip Attorney Ruane on... 30 Second Video & Printable Transcript 30 Second Video & Printable Transcript 30 Second Video & Printable Transcript 30 Second Video & Printable Transcript Frequently Asked Questions Q: Should I agree to take a chemical test? What happens if I don't? A: Every case is different and because of that you cannot have a single answer to this question. In most circumstances, adding to the evidence the state will have against you is inadvisable. Read more Frequently Asked Questions Ruane Attorney Experience... While results obtained depend on the facts of each case, our DUI Defense experience in Connecticut has resulted in NOT GUILTY verdicts and/or total dismissal of all charges in cases where: accidents have occurred clients drove the wrong way on the highway clients have failed all field sobriety tests breath test results over twice the legal limit blood test results almost twice the legal limit a client urinated in front of the arresting officer clients have admitted to being "drunk" on video tape Click here to learn more about Ruane Attorneys . Testimonials James, I just want to take a minute to thank you for your services in helping me out in a time of personal crisis. Your professionalism and integrity was greatly appreciated. If there is anything I can do for you in the future, please do not hesitate to give me a call. I am at your service. Sincerely Yours, David K. Read more testimonials Free Book Offer Get a FREE copy of Jay Ruanes DUI Defense book for citizens ( more info ). Book Request Form Full Name Email Address What Your Fee Gets You Other Lawyers Ruane Attorneys All Criminal Court Appearances X X DMV Hearing Represented Included in Fee X Per Se DMV Review and Research X Personal Case Managers X 24 Hour availability X Free Retrieval of DMV Discovery Packet X Handling of All Schedulng and Paperwork X One Flat Fee without Hidden Costs X Attorneys in Other Areas Dallas DWI Lawyer California DUI Attorney Oklahoma DUI Lawyer Massachussetts DWI Attorney 2002-2005, James O. Ruane, Esq. All Rights Reserved. Created by Meticulous Please also see Connecticut DUI Laws | CT DUI Laws Connecticut DWI Laws | CT DWI Laws | CT DUI/DWI Defense All Material contained herein is for informational purposes only and should not take the place of consultation with an attorney of your choice.
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