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Field Sobriety Testing for Drunk Drivers ( DWI / DUI ) - NJ DWI . COM DWI Field Sobriety Testing Fact and Fiction by Peter H. Lederman and Gilbert Snowden SFST UPDATE! Introduction Standards for the Standard Field Sobriety Testing Program Horizontal Gaze Nystagmus Walk and Turn Test One Leg Stand Test Walk and Turn Test for DWI In order to perform this DWI test it is required that it be performed on a hard, dry, level, non-slipping surface with sufficient room for the suspect to complete nine heel-to-toe steps. This test loses some validity when conducted in certain wind/weather conditions that counters this criteria. The manual calls for a straight line, which must be clearly visible on the surface but in the DWI course it is taught that the test can be performed parallel to the curb. Conditions must be such that the suspect would be in no danger if he or she were to fall. There are some people that this test should not be given to because even the average sober person would have difficulty with this test. People more than sixty five years of age or over fifty pounds overweight, or with any physical impairment that would affect their ability to balance should not be given this test. The officer is trained to take this into account when developing their probable cause to arrest. Individuals wearing heels more than two inches high should be given the opportunity to remove their shoes as this may diminish the validity of the results. Individuals who can not see out of one eye may also have trouble with this test because of poor depth perception and should not be given this test. The Walk and Turn test is an objective test based upon certain predictable errors that a person under the influence will display,as well as scoring factors that will give the officer a basis for passing and failing other than their subjective opinion. In order to properly administer this test it is important to understand what type of test this is. It is commonly referred to as a Divided Attention Test because it divides the suspect's attention between mental and physical tasks. The physical tasks include balance and coordination while the mental tasks include comprehension of verbal instructions, processing of information and recall of memory. While a person may be able to perform one task they may not be able to perform the other if under the influence of an alcoholic beverage. While the suspect is performing this test, the officer must observe the suspect from three or four feet away and remain motionless while the suspect performs the test. Being too close or excessive motion may cause the suspect to make errors they may not have committed otherwise. This will cause some validity of the results to be lost as even a sober person may have difficulty under these conditions. The officer must give good verbal instructions and accompany this by demonstrations when having the suspect perform this test. They must make sure that the suspect understands the instructions and are trained to receive an acknowledgement of same and to document that affirmative response. This test is scored in relation to eight scoring factors that can be seen in two separate stages. The first stage of this test is called the Instruction Stage. This will set the stage for the entire test. If the officer does not follow training and procedure during this stage, it may affect the validity of the entire test. The officer must verbally tell the suspect to assume the heel to toe stance and must demonstrate this. The suspect is told to place their left foot on the line and place their right foot on the line ahead of the left foot, with heel of right foot against toe of left foot. This must be demonstrated. In the absence of demonstration, instructions alone decreases the tests validity. The officer is instructed by way of training to make sure the right foot is in front of the left foot to start, in order to maintain uniformity of this test. This also becomes important later in the test during the turning evaluation. If the suspect is instructed or demonstrated improperly it may affect the suspect during this part of the test. After accomplishing the starting position, the officer must inform the suspect to remain in that position until they are told to start walking. The officer must make sure that the suspect understands this. There are two ways that the officer, if the procedures have been abided by, that the officer can assess a point to the suspect's performance. If the suspect cannot keep balance while listening to the instructions, a point is scored. This item is only scored if the suspect does not maintain the heel to toe position throughout the instructions. The officer is trained to be conservative in their scoring and not to score a point if the suspect sways or uses the arms to balance but maintains the starting position during this stage. A second scoring factor is known as starting too soon. This is given when the starts to walk before the officer instructs them to do so. This can only be scored if the officer specifically instructed the suspect not to start until told to begin and the suspect stated they understood this instruction. The second stage of this test is known as the Walking Stage. The officer is to explain the test requirements, using verbal instructions, accompanied by demonstrations. The suspect is informed again, that when told to start, they must take nine heel to toe steps, turn around, and take nine heel to toe steps back. The officer must demonstrate two or three heel to toe steps for the suspect. The officer then informs the suspect and demonstrates the same, that when the turn is performed, the suspect must keep the foot on the line, and turn by taking a series of small steps. If the officer demonstrates or instructs with the beginning wrong foot, the way a suspect turns will be affected also. The officer, then continues with informing the suspect to keep their arms at their sides while walking, watch their feet at all times, and to count their steps out loud. They must be told that they can not stop once they start walking. If the officer does not reiterate the question of understanding or gain an affirmative response the test may not be scored fairly and properly, thereby invalidating the results. At one time, the maximum score obtained on this test would be nine. Currently, this has been revised to eight. There are six scoring factors that can be observed in this stage. The first one is if the suspect stops while walking to steady themselves. The officer can not score this item if the suspect is merely walking too slow. The suspect must pause for several seconds after one step. If this occurs, the officer is trained to have the suspect begin from the point of difficulty instead of starting over, as this test loses sensitivity if repeated several times. Another scoring factor is referred to as not touching heel to toe. This can be very subjective unfortunately. If the suspect leaves a one half inch or more between the heel and toe or does not walk straight along the line they can only be assessed one point, no matter how many times this occurred. By subjective, I mean there is a probability the officer may be overly critical in their estimation of missing heel to toe or reference the suspect's style in walking. The officer can score a point, as well, if the suspect steps off the line. This means that one of the feet must be entirely off the line and not merely diagonal. Even if the suspect steps off twice, they are only given one point. During the instruction stage if the suspect sways or uses their arms for balance a point can not be scored. A point can only be scored if during the walking stage, the suspect raises one or both arms more than six inches from the side in order to maintain balance. If this is noticed to be the normal position of the arms, as in some bodybuilders, the officer is trained to take that into account and be conservative in their scoring. Any benefit of the doubt must be given to the suspect. The next way a suspect can be given a point is if they lose balance while turning. This item can only be scored if the suspect removes both feet from the line while turning or does not take several small steps, and pivots in one movement as in an about face movement. It is imperative that the officer has demonstrated and articulated this movement properly in order to be scored. It is important that the officer be conservative in their evaluation of this turn and not be overly critical. Finally, the last scoring factor is if the suspect takes the incorrect amount of steps. This item is scored only once, even if the incorrect amount of steps are taken in either direction. The suspect was instructed to look down at their feet while performing this stage of the test and to count their steps out loud, but if they don't adhere to these instructions they can not be scored a point as these are not one of the scoring factors. There are two ways that the suspect can receive a maximum of eight points on this test. If they step off the line three or more times or they can not do the test. If they can not do the test, this must be explained by the officer. A degree of reliability has been attached to this test of 68%. If the suspect receives two total points on this test, the officer is trained to use this as probable cause to believe that the suspect is under the influence of an alcoholic beverage and to make an arrest. Home | Proposed DWI/ DUI Reforms | DWI News Field Sobriety Testing - Facts and Fiction | Feedback | Search NJ DWI NJ-DWI Table of Contents | Contact our Law offices Visit the New Jersey DWI Defense Pages All contents Peter H. Lederman, PA , NJ-DWI.COM Dark Horse Design Promoted by Submit Away Website Promotions Best viewed with
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D.U.I.DUI Insurance and DWI Insurance by Serenity Insurance - dui auto insurance, dwi car insurance SERENITY INSURANCE Live Quote NOW! SR-22 Auto Insurance is our Only Business HOME · ABOUT US · QUICK QUOTE · RESOURCES · SERVICE AREA · DUI PENALTIES · CONTACT US · EN ESPANOL DUI Penalties State by State Penalties for Driving Under the Influence All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws. Forty-five states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 30 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol. Forty-three states and Washington D.C. have laws prohibiting the driver, passengers or both from possessing an open container of alcohol in the passenger compartment of a vehicle. State BAC defined as illegal per se Admin. license suspension 1st offense (1) Restore driving privileges during suspension? (1),(2) Do penalties include interlock/forfeiture? (3) Open Container Laws Alabama 0.08 90 days no no/no driver/passenger Alaska 0.08 90 days after 30 days yes/yes driver Arizona 0.08 90 days after 30 days yes/yes driver/passenger Arkansas 0.08 180 days yes yes/yes -- California 0.08 4 months after 30 days yes/yes driver/passenger Colorado 0.08 3 months yes yes/no driver/passenger Connecticut 0.08 90 days yes no/no -- Delaware 0.08 3 months no yes/no -- District of Columbia 0.08 2-90 days yes yes/no driver/passenger Florida 0.08 6 months after 30 days yes/yes driver/passenger Georgia 0.08 1 year yes yes/yes driver/passenger Hawaii 0.08 3 months after 30 days yes/no driver/passenger Idaho 0.08 90 days after 30 days yes/no driver/passenger Illinois 0.08 3 months after 30 days yes/yes driver/passenger Indiana 0.08 180 days after 30 days yes/no driver/passenger Iowa 0.08 180 days after 90 days yes/no driver/passenger Kansas 0.08 30 days no yes/no driver Kentucky 0.08 -- -- yes/yes driver/passenger Louisiana 0.08 90 days after 30 days yes/yes driver/passenger Maine 0.08 90 days yes yes/yes driver/passenger Maryland 0.08 45 days yes yes/no driver/passenger Massachusetts 0.08 90 days no no/no driver/passenger Michigan 0.08 (4) -- -- yes/yes driver/passenger Minnesota 0.08 90 days after 15 days yes/yes driver/passenger Mississippi 0.08 90 days no yes/yes -- Missouri 0.08 30 days no yes/yes -- Montana 0.08 -- -- yes/yes driver/passenger Nebraska 0.08 90 days after 30 days yes/no driver/passenger Nevada 0.08 90 days after 45 days yes/no driver/passenger New Hampshire 0.08 6 months no yes/no driver/passenger New Jersey 0.08 -- -- yes/no driver/passenger New Mexico 0.08 90 days after 30 days yes/no driver/passenger New York 0.08 variable (5) yes yes/yes driver/passenger North Carolina 0.08 30 days after 10 days yes/yes driver/passenger North Dakota 0.08 91 days after 30 days yes/yes driver/passenger Ohio 0.08 90 days after 15 days yes/yes driver/passenger Oklahoma 0.08 180 days yes yes/yes driver Oregon 0.08 90 days after 30 days yes/yes driver/passenger Pennsylvania 0.08 -- -- yes/yes driver/passenger Rhode Island 0.08 -- -- yes/yes driver South Carolina 0.08 -- -- yes/yes driver/passenger South Dakota 0.08 -- -- no/no driver/passenger Tennessee 0.08 -- -- yes/yes driver (6) Texas 0.08 60 days yes yes/yes driver/passenger Utah 0.08 90 days no yes/no driver/passenger Vermont 0.08 90 days no no/yes driver/passenger Virginia 0.08 7 days no yes/yes -- Washington 0.08 90 days after 30 days yes/yes driver/passenger West Virginia 0.08 6 months after 30 days yes/no -- Wisconsin 0.08 6 months yes yes/yes driver/passenger Wyoming 0.08 90 days yes no/no driver Notes: Information pertains to drivers in violation of the BAC defined as illegal per se for all drivers, not the special BAC for young drivers. Drivers usually must demonstrate special hardship to justify restoring privileges during suspension, and then privileges often are restricted. A multiple offender's vehicle may be seized and disposed. The 0.08 per se BAC law in Michigan contains a sunset clause which states that the legal BAC will revert to 0.10 on October 1, 2013. In New York, administrative license suspension lasts until prosecution is complete. In Tennessee, the open container law does not prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting passengers from possessing an open container. Source: Insurance Institute For Highway Safety Related Links DUI Insurance and DWI Insurance by Serenity Insurance - dui auto insurance, dwi car insurance - Serenity Insurance provides information about DUI and DWI penalties for all 50 states. You'll also find clear explanations and definitions of terms. Frequently Asked Questions SR-22 Insurance Glossary SR22 HOME · ABOUT US · QUICK QUOTE · SERVICE AREA · DUI PENALTIES · CONTACT US · EN ESPANOL Serenity Insurance - 930 West Second Ave. - Spokane, WA 99201 1-800-546-5470 ref="contact.htm" class="bottomlinks"CONTACT US · EN ESPANOL Serenity Insurance - 930 West Second Ave. - Spokane, WA 99201 1-800-546-5470
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DUI LawyerFlorida DUI/DWI Lawyers - AttorneyPages.com DUI/DWI Lawyer Directory for Florida DUI/DWI Lawyers in Florida View all DUI/DWI Lawyers Search for Premier DUI/DWI Attorneys Search by State: AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MH MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA PR RI SC SD TN TX VI UT VT VA WA WV WI WY -------- or --------- Search within: 25 Miles 50 Miles 125 Miles All From Zip Code: Additional Resources How a criminal lawyer can help DUI/DWI Law (Drunk Driving) FAQs State-by-state DMV Information State laws on Drunk Driving MADD Impaired Driving Facts Alcoholics Anonymous Drunk Driving State Statisics Home -> DUI/DWI -> Florida SEARCH BY COUNTY - Select a County for Florida DUI/DWI Lawyers in your area Bay County Bradford County Brevard County Broward County Collier County Duval County Escambia County Hillsborough County Lee County Martin County Miami-Dade County Monroe County Nassau County Orange County Palm Beach County Pasco County Pinellas County Polk County Saint Johns County Sarasota County Seminole County SEARCH BY CITY - Select a city for Florida DUI/DWI lawyers in your area Altamonte Springs Bartow Boca Raton Cape Coral Clearwater Cocoa Beach Dade City Dania Deerfield Beach Englewood Fernandina Beach Fort Lauderdale Fort Myers Hollywood Indialantic Jacksonville Key West Lake Hamilton Lake Worth Longwood Maitland Melbourne Miami Naples New Port Richey Orlando Panama City Pensacola Pompano Beach Saint Augustine Saint Petersburg Starke Stuart Tampa Tarpon Springs Titusville West Palm Beach Winter Park Florida Lawyers in related fields Criminal Defense Military Law Are you a Lawyer? List on AttorneyPages | Find Expert Witnesses | Find Legal Information / Advice | Legal Forms | About Us | Media AttorneyPages® is not a lawyer referral service and never receives any portion of any attorney's fees.We welcome feedback from visitors but are not responsible for any attorney's advice. Use of AttorneyPages.com is subject to our disclaimer, conditions of use and privacy policy.Use for marketing or solicitation is prohibited. AttorneyPages® , ExpertPages® and FreeAdvice® are trademarks and units of Advice Company ® 1997 to 2006 - All Rights Reserved - For feedback or listing information only, contact us by phone, Fax or Email: 2330 Marinship Way Suite 120, Sausalito, CA 94965, P.O. Box 1739 Sausalito, CA 94966 (415) 331-1212 - Fax (415) 331-4255
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DUI Probable Cause Presumption California DUI Laws and Lawyer Guide California DUI Laws and DUI Lawyers California DUI Laws Felony DUI Probable Cause Presumption of BAC when Driving DUI Double Jeopardy CA DUI Penalties Home Detention Enhanced Penalties Finding A Good DUI Attorney License Suspensions California DMV Administrative Hearing Implied Consent The Officer's Warning Driving Symptoms Driving Studies Field Sobriety Tests Horizontal Gaze Nystagmus Validity of FSTs Breath-Alcohol Odor Blood-Alcohol Tests Breathalyzer Tests BAC Testing Machines Blood-Alcohol Levels Tolerance to Alcohol Miranda Advisements Insurance After a DUI DUI Search Help Home © 2002 All Rights Reserved "California DUI Laws and DUI Lawyers" , is a complete source of information about California DUI laws , California DUI attorneys and lawyers, penalties for driving under the influence, California DMV driver's license suspensions, breath alcohol tests, criminal courts, car insurance after a DUI California arrest and police investigative procedures. California DUI offers everything you need to know if you are arrested in California for driving under the influence of alcohol ( DUI ) — sometimes referred to as "drunk driving" or "driving while intoxicated" ( DWI ) — including answers to such common questions as: What crimes will I be charged with for a DUI in California ? What are the possible penalties for driving under the influence of alcohol ? Who are the best drunk driving lawyers in California? How can I save my driver's license ? How do those field sobriety tests work? Are those breath tests accurate? How can I estimate my blood-alcohol level ? What if I have a high tolerance to alcohol ? What happens if the police didn't read me my Miranda rights? What happens to my car insurance ? How can I get my driving record ? "What should I do if I'm stopped for drunk driving?" Nationally-known Southern California DUI attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense , 6th edition , offers 5 tips: Politely decline to answer questions without an attorney (only incriminating answers will be in the police report). Decline to take any field sobriety tests (not required by law and rarely helps you). Unless you are under 21, decline to take any handheld breath test not required by law. Agree to take a required "evidentiary" breath test (blood test if confident you are under .08%). Make sure your attorney calls the DMV Driver Safety Office within 10 days and demands a hearing to contest your license suspension. "Should I just plead guilty?" Atlanta attorney William C. Head, one of the foremost authorities in the country, explains the 5 myths and realities of defending against DWI charges today: Most people accused of this crime are guilty. Drunk driving is a minor offense. Any attorney can defend a person accused of DUI. These cases can't be won. DUI cases are just like any other criminal case. California DUI Attorneys Resource Center California-oriented legal megasite for lawyers and laymen, containing information and over 600 links. The Great .08 Debate Excellent discussion of the .08% blood-alcohol controversy, from noted New York attorney Ed Fiandach. MADD and Madder: Today's DUI Defense Bar is More Focused and Aggressive Than Ever Before Interesting article in the "American Bar Association Journal" reporting on the counter-offensive from increasingly specialized and technically sophisticated DWI Lawyers. The DUI Exception to the Constitution The continuing erosion of fairness and constitutional rights in drunk driving cases, from a lecture by a former Fulbright Professor of Law and nationally-known California DUI attorney. DUI Blog Commentary on the defects, fallacies and Constitutional damage of the "war on drunk driving". Southern California DUI Lawyers Helpful legal information from an 8-attorney law firm practicing DUI defense exclusively in Los Angeles , Orange County , Riverside and San Diego . DUI Resource Library for Judges Online links and materials for judges nationwide in understanding and dealing with drunk driving cases. FindLaw Nationwide resource for DUI issues generally. California DUI : A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups such as MADD seeking the passage of unfair laws , the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. " Responsibility in DUI Laws, Inc. ", is an organization dedicated to reforming harsh and misdirected DUI laws. Please visit our local DUI information websites for Los Angeles County , Orange County , San Diego County , Riverside County and Ventura County . Websites for the following counties are under construction or in the planning stages: San Bernardino, Alameda, Contra Costa, Fresno, Imperial, Marin, Merced, Monterey, Napa, Sacramento, San Francisco, Santa Barbara, Santa Clara, Santa Cruz and Sonoma. Site Map | Link to Us Legal Disclaimer
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DUI / DWI, Drinking 
