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Austin Texas Criminal DUI DWI Lawyer Laws Drunk Driving Defense Attorney Criminal Defense Law Firm - Ken Gibson Texas DWI Attorney Ken Gibson | Texas DWI and DUI Laws | Site Map HOME FREE CASE EVALUATION ABOUT KEN DWI FAQ's ATTORNEY FEES DWI CASE EXAMPLES CONTACT US / DIRECTIONS DWI Attorney Ken Gibson Austin Texas DWI Lawyer Austin, Texas Attorney Ken Gibson: The Chase Building • 700 Lavaca, Suite 1010 - Austin, Texas 78701 Phone (512) 469 - 6056 • Toll Free 1(888) DWI-TEXAS. Map & Directions You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyer Ken Gibson to protect your rights! The Texas Department of Motor Vehicles can Suspend your License if you refuse to take a breath test , blood test , or urine test . WARNING! You have a limited amount of time (15 days ) in which to appeal this administrative license suspension . Call toll free for a free consultation. Don't let a Austin DWI ruin your life. CALL IMMEDIETLY! 1(888) DWI-TEXAS.! When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI) , or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance costs, fines, court costs, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge. The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that. You see, if challenged, the County Attorney must also show all of the following: • That the arresting officer made the arrest properly, • That you were properly advised of your rights, • That the equipment the officer used to test you was working accurately, and • Even that the person operating the equipment was certified to operate the equipment. Further, the officer that administers the “standard field sobriety tests ” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed. When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them. I’ll insist that the County Attorney provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence. I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station. I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified. As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case. DRIVER LICENSE SUSPENSION - Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. I believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our office to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact me as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you a Texas license that will allow you to drive to and from work. WARNING BEWARE: TEXAS DRIVER LICENSE SURCHARGE!! Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department Of Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2,000.00 a year for three years. Depending on whether you provided a breath sample, and the results, you could be facing a $6,000.00 fee to keep your license. BREATH TEST CASES: I own an Intoxilyzer 5000. If you took a breath test at the jail, this is the same model of machine that you used. I have also completed training under the Department of Transportation regulations as an Intoxilyzer Operator and Maintenance Technician. I also have access to various Breath Test Experts that may be helpful in your case. Just because your results were over a certain limit, does not automatically prove you guilty. The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense trial lawyer can be the most important decision you make. When you find yourself, a family member, or friend in this situation, you need an experienced and well-skilled attorney who practices only in the area of criminal defense law. For better or worse, criminal law has its own unique practice and methodology. Frequently you will find attorneys who practice criminal law, but also handle personal injury, divorce, and other matters. They may be good attorneys, but I believe that criminal law is too specialized to risk my clients to any distractions facing an attorney who handles multiple types of law and who is not in the trenches everyday. Please call and schedule an appointment at your earliest convenience, because I can help you through the unfamiliar territory of the criminal justice system. Because each case is different and special, I offer a free initial consultation where you and I can sit down and discuss the charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your criminal defense attorney so that I can start immediately to protect your rights. • What Happens Next After A DWI Arrest? • Prevent Your License Suspension Immediately • Selecting the Right Attorney • Texas DWI Frequently Asked Questions • Mistakes the police make • Ken Gibson Case Examples • Austin DWI Related Resources • Free Case Evaluation • Ken Gibson's Blog First Name: Last Name: Email*: Phone: Comments: • Texas DWI laws • About Ken Gibson • DWI and DL Suspension Victories • Attorney Fees • Field Sobriety Test • Blood Alcohol Calculator • Texas Breath Test information • Texas Blood Test information • Texas Urine Test information • Texas Drunk Driving • Loss of a Driver’s License • Contact Us - Directions Recent Articles: • Texas Breath Testing Intoxilyzer 5000 • Lack Of Sleep Study • Difference Between A Guilty And A Dismissal of a Texas DWI • DUI vs. DWI in Texas • DWI Austin - City Of Austin DWI Enforcement Team • DWI and Concealed Handgun Licenses Surrounding cities that we service: West Lake Hills, TX Leander, TX Manor, TX Buda, TX Pflugerville, TX Lakeway, TX Cedar Park, TX Round Rock, TX Lago Vista, TX Kyle, TX Dripping Springs, TX Hutto, TX Elgin, TX Georgetown, TX Lockhart, TX Bastrop, TX Wimberley, TX Taylor, TX San Marcos, TX Liberty Hill, TX Weir, TX Martindale, TX Thrall, TX Granger, TX Bertram, TX Marble Falls, TX Smithville, TX Florence, TX Johnson City, TX Thorndale, TX DUI & DWI related websites • DUI Lawyer • Arizona DUI Attorney • DUI Law Firms DUI Attorney DWI Lawyer • Georgia DUI Lawyers • Law Firms • Atlanta DUI Attorney • Massachusetts DWI Lawyers • Atlanta DUI Lawyers • New York DWI • New York DWI Lawyer Austin DWI - Home | About Ken Gibson | Austin Texas DWI FAQ's | Attorney Fees | DWI Case Examples | Texas drunk driving defense | Texas DWI laws | Field Sobriety Test | Blood Alcohol Calculator | Texas Breath Test information | Texas Blood Test information | Texas Urine Test information | Texas Drunk Driving Information | Loss of a Driver’s License | Prevent Your License Suspension Immediately | Selecting the Right Attorney | Mistakes the police make | DWI Related Resources | Free Case Evaluation | Arizona DUI Laws | DWI Laws | Atlanta GA DUI Lawyer | Law Firms | Atlanta DUI Lawyer | Massachusetts OUI Lawyer | DU Lawyer Atlanta | DUI Lawyer Georgia | DUI Attorney Atlanta | New York State DWI | DWI Lawyers | Maryland DWI Attorney DUI | New York DWI Lawyer | Contact Us/ Directions | Site Map © 2005 - 2006 Ken Gibson Attorney and Counselor at Law. 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Colorado DUI - Colorado Drunk Driving Defense - US DUI Links Cases DUI FAQS DMV Services Fees SURVIVAL TIPS Colorado Misdemeanors DUI News Colorado DUI Defense Office of Jim Forslund 3780 S. Broadway Englewood, CO 80113 303-761-6067 CELL: 303-332-3602 FAX: 303-672-6815 DUI Interview Don't Let Your Colorado DUI Ruin Your Life! I will fight to save your license and freedom! DUI Directory DUIlaw When you've been arrested for a DUI in Denver or Boulder and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer. I understand that you're probably feeling confused, angry, or somewhat fearful about what's happened to you. The process of being arrested, taken to jail, fingerprinted, and photographed was probably very dehumanizing to you. I sincerely sympathize with that. To be honest with you--you're faced with a charge which can have serious outcomes. (Please see what your DUI may cost .)I don't want to scare you, but let me give you a glimpse of what's in store for you. If your case goes the wrong way you could lose your license, your insurance could go up, you could be fined, it could hurt you when you apply for a job, and you could even go to jail. I'll Help You Keep Your License and Your Freedom I know you're fearful about what might happen to you, but I'd like you to know that there's a good chance I can help. Did you know that there are at least 20 possible challenges that can be made to the charges you are facing? I can raise applicable ones for you so your case is as strong as possible. Sure, I can just fill out the forms and talk to the District Attorney, but in many cases the best choice is to fight. That's the kind of case I focus on. My goal is to get you off, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn't have been. At the very least, I'll make sure that you're being treated fairly. The District Attorney prosecutes these types of cases all day. He knows--and is willing to use against you--all of the fine legal points that are available to him. The law says that he only needs to prove that after drinking you were not able to drive your car safely or that your blood alcohol exceeds a certain limit. That sounds pretty cut and dried, but it's not quite as simple as that. You see, if challenged, the DA also has to show that the arresting officer made the arrest properly, that you were properly advised of your rights, that the equipment he used to test you was working accurately, and even that the person operating that equipment was certified to operate it. If he gets information which may prove you innocent, an attorney can make him give you that information also. Get The Legal Help You Need That's where I come in. I know how and where to make the proper motions which force the DA to prove that all the steps used in your arrest were done properly. If they weren't, then his case is weakened. I can't promise you that I'll be successful because each case is unique. Maybe the judge assigned to your case is more lenient on drunk driving cases, or maybe he is harsher on them. Maybe there are some things distinctive to your case which are important. However, all things being equal, I think you'll find that I am well-skilled and that I fiercely protect your rights. When you retain me you'll get expert legal help from an attorney who knows how to guide your case through the complexities of the legal system because I've done it numerous times. You'll be certain you are being treated fairly by the judicial system because I'll insist: that the District Attorney provide us with the name and address of anyone he plans to call as a witness, as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions for them. that the DA provide us with any information or material he has which would show that you are not guilty of the charges against you, or which may help you get a lighter sentence. on receiving copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified. on proof that you were advised of all of your rights. If you weren't, the DA's case may be weakened. I talk to the District Attorney beforehand to get him to produce his proof and let him know that I will be contesting in court all these points I mentioned. When his case is challenged, he has to take a lot of time producing this material and witnesses. As you can see, what looks simple gets pretty complex. As your attorney I will look into all ofthese things for you so that you will have the best possible case. Actually, there is more, but I don't have space in this letter to tell you all of it. Free Consultation and Review of Your DUI Arrest $150 Value You're probably like most people arrested for a DUI. You don't really know the rightthing to do about it, and you don't know whether or not you can win if you contest your arrest. For both of these reasons, I'd like to buy you a free consultation to give you the additionalinformation I just mentioned and to review your case. If you would like to meet with me, I will be happy to set up an appointment with you. That way you'll be able to learn all you need to know about your situation. This telephoneconference is free to you, will last about an hour, and there is no further obligation at all. In fact,until you agree, in writing, to pay me, you will never owe me any money. You can call and leave a message at any time. Here's How I'll Protect Your Rights When we talk, I will analyze the facts of your case, give you my opinion about it, and discuss my approach to it. I'll explain how we'll protect your legal rights, what your options are,and how the whole judicial process works, so you'll know exactly what happens. Plus, you'll learn how I will guide you through the court system and how I'll championyour rights, using all my ingenuity and the options in the legal system to defend and protect you. For example, I'll review the Complaint against you . . . the steps which were used toconduct the chemical and roadside tests against you to determine if they are valid . . . and I'll showyou how the police officer's testimony can be impeached. I will also tell you about my fees. (Please see my fees information page )) Anything you tell me during this and all other meetings will be confidential, whether or not you retain me. In summary, with my help you'll get: A free initial phone consultation. Personalized attention. I'll return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together. Reasonable fees , and you'll know in advance how you'll be charged. Experience . For over 18 years I've helped people just like you. Aggressiveness . While I accept peaceful settlements, I take a tough stance to protect you. So, if you want an attorney you can talk to, who understands what you want, who isinterested in you and your situation, and who fights to get you results, call me today at 303-761-6067 for your free consultation. The first meeting is free, so there is no risk on your part; and you'll be able to get all yourquestions answered. When we are finished, if you're not convinced that I will be able to protectyou to your complete satisfaction, then you can leave and I won't trouble you again . . . and you'llowe me nothing. In any event, at the end of the consultation you'll be more knowledgeable, you'll knowwhat to expect in the judicial process, and be able to make more informed decisions about yourcase. And by the way, your arrest may have included a cancellation of your drivingprivileges. You only have seven days to respond to this issue. As a courtesy to you, I willtell you what you must do about this, at no charge, just for calling me. Please remember, the charges against you are serious and can carry severe consequenceswhich could be damaging to your present and your future. You can discover for yourself how Ican help save your license and freedom by calling me at 303-761-6067. Sincerely, Jim Forslund P.S. In case you're still undecided about who, if anyone, to go to, let me tell you one final thing--it may be important. There is no extra fee for handling any other charges on the Complaint against you, as long as it is no more serious than a misdemeanor. © 2001 BLS Drunk Driving websites Find a DWI DUI Drunk Driving Lawyer in your state. Ten Mistakes How to avoid the 10 biggest mistakes most people make after being arrested for DUI. Case Tips 53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU Police Mistakes Mistakes the police make . . . and how they can help you. Colorado DUI/DWAI Law CRS § 42-4-1301. Driving under the influence--driving while impaired by alchohol, alchol or alcohol. DUI now .08 in Colorado This applies to arrests made on 7/1/4 or later. Do not plead to impaired if you are below .08! What Happens After A DUI Arrest? There are usually both Motor Vehicle and Court Proceedings. Lawyer Mistakes The Top 10 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them Rights in a Colorado DUI It is very important to understand them. Calculate Your Blood Alcohol Content It makes a difference. Colorado Blood Alcohol Chart Colorado DUI Penalties What you are facing. License Statute Do you face the loss of your license. What Can I Do to Save My License? Fight to save your license! If you drive after losing your license, you face substantial penalties. Finding Places Maps, addresses, phone numbers. Where to request a DMV hearing to fight to save your license. Challenges There are many possible challenges that can be made to the charges you are facing. Attorney Information Area covered. Address. Phones. Colorado attorneys beyond coverage area. We serve clients in the greater Denver Boulder Metro area. DUI & Immigration Interstate Driver License Compact How to get a Colorado license when your driver license is suspended in another state. Humor Break Did you spell it alchohol, alchol or alcohol? Alchohol is the most common. Alchol the least, but right after alcohol, which is correct. Colorado DUI Courts . DUI courts in the north-eastern 2/3 of Colorado. Colorado DMV Offices . DMV offices in the north-eastern 2/3 of Colorado. International Referral Database DWI DUI Drunk Driving Lawyers: Alaska: Anchorage Arizona: Phoenix Sierra Vista Tucson California: Los Angeles Sacramento San Diego San Francisco Santa Barbara Santa Cruz Colorado Denver Colorado Springs Pagosa Springs Trinidad Connecticut: New London Florida: Fort Pierce Georgia: Atlanta Illinois: Chicago Louisiana: Covington Maryland: Greenbelt Massachusetts: Boston Minnesota: Minneapolis Mississippi: Jackson Missouri: Kansas City St. Louis Nevada: Las Vegas New Jersey: Cherry Hill New York: Long Island New York City North Carolina: Durham North Dakota: Grand Fork Ohio: Columbus Oklahoma: OK City Oregon: Medford Pennslyvania: Edinboro Montgomery & Bucks Philadelphia Pittsburgh State College Tennessee: Memphis Texas: Austin Conroe Dallas Denton Ft. Worth Houston Kerrville League City Lubbock Plano San Antonio Utah: Ogden Virginia: Manassas Newport News Washington: Lynnwood West Viginia: Clarksburg Wisconsin: Milwaukee Madison External Links 500+ DUI law firms The laws of other states are different than Colorado laws. Sites that have linked to ours. Site Index

DUI School Incorporated 1000

North Georgia DUI School Incorporated - Education - Marietta, GA, 30062-2454 - Citysearch BOC Spa & Beauty: Vote for your fave today -- New to Citysearch? Sign In · Help · Jan 26 2006 Home Restaurants Bars & Clubs Hotels Shopping Spa & Beauty Movies Events See More Categories » Search Business name, category, and/or keyword Search by name only Address, city & state, or zip | Neighborhood Address, city & state, or zip | Neighborhood Address, city & state, or zip | Airport Address, city & state, or zip | Attraction Select a Atlanta Neighborhood Alpharetta Atlanta - East/Grant Prk Atlanta - West Buckhead/Brookhaven Chamblee College Park Decatur Downtown Druid Hls/Emory Dunwoody East Point Gwinnett County Hartsfield Intl Airport Lawrenceville Little Five Points Marietta Midtown Norcross North Cobb County Roswell Sandy Springs Stone Mountain Sweet Auburn Vinings Virginia-Highland Select an Atlanta Airport Select an Atlanta Attraction My Locations Add/edit locations Recent Locations Clear recent locations Save to My Citysearch Printer Friendly Version Home · Yellow Pages · Education · Driver's Education · Profile North Georgia DUI School Incorporated 1000 Cobb Pkwy N Ste A1 Marietta, GA 30062-2454 (770) 919-0033 8.4 Overall Popular About our ratings Ratings feedback Send to a Friend Own this business? » Enhance or edit your listing See something wrong? » Suggest a correction Things to do nearby: 1000 Cobb Pkwy N Ste A1 Marietta, GA 30062-2454 · Restaurants · Hotels · Bars · Movie Theaters · Department Stores · Shopping Centers & Malls · Grocery Stores · Pharmacies · Florists · Banks Related Searches · Marietta Education · Search anything in Atlanta · Search Yellow Pages in Atlanta · Search other Cities · Browse Atlanta Editorial Lists Related Editorial Content Antique Atlanta Scout out a top Atlanta antique dealer to get your fix for hidden gems, popular collectibles and vintage goods. At-Home Party Planner Planning a party at your house? Find the right DJ, florist , caterer, party rental company and other party needs in Atlanta. Atlanta on a Budget Low on cash? Get a lot for a little at these Atlanta favorites. View More » Driving Directions 1. Enter starting address: Address: City: State: Postal Code: 2. Enter destination address: Address: City: State: Postal Code: Options Display type: Text Turn by turn maps with text Avoid the following: Limited access highways Toll Ferry lanes Find A Different Location Enter Location Address: Address: City: State: Postal Code: Atlanta What's the best in your city? Choose a category: View All Categories Color Facials Hair Removal Hair Salon Health Club Manicures Massage Nutritionists Trainers Spa Sunless Tanning Tattoo/Piercing Yoga About Us | Advertise with Us | Contact Us | Press Center | Site Guide | List Your Business on Citysearch | Become an Affiliate | Job Opportunities | Other Cities | Get a Business Website | Submit an Event | Privacy Policy | Terms of Use | About BOC | Atlanta Yellow Pages Citysearch is a registered trademark of 720619 Ontario Inc. and is used under license (C) 2006 Citysearch.com All rights reserved. partner sites: Evite - Entertainment.com - Gifts.com - TripAdvisor - ServiceMagic - Ticketmaster - Expedia - Hotels.com - Hotwire - HSN - LendingTree - Match.com - RealEstate.com - ReserveAmerica - Zerodegrees - CondoSaver - ClassicVacations - Ballard Designs - Frontgate - Garnet Hill - Smith+Noble - The Territory Ahead - Travel Smith

Field Sobriety Test (SFST)

U.S. Department of Transportation - NHTSA - Development of a Standardized Field Sobriety Test (SFST) Training Management System - Introduction - DOT HS 809 400 - November 2001 Introduction This report presents the results of a study conducted for the NationalHighway Traffic Safety Administration to develop a model system for managingStandardized Field Sobriety Test (SFST) training within a state. The report ispresented in three sections. This brief Introduction discusses the historicalcontext of the study and presents the objectives of the research. The secondsection of the report describes the tasks that were performed and presents studyresults. The third section discusses the specifications of a computerized modelsystem for tracking SFST training. Development and Validation of the SFST Battery During the late 1960s and early 1970s more than 50,000 peoplelost their lives each year on our nation's public roads; more than half of thefatalities involved an alcohol-impaired driver. Traffic safety has improvedconsiderably since that time: the annual death toll has declined to about40,000, even though the numbers of drivers, vehicles, and miles driven all havegreatly increased. When miles traveled are considered, the likelihood of beingkilled in traffic in 1966 was more than three times what it is today. Research sponsored by the National Highway Traffic SafetyAdministration (NHTSA) has contributed to the improved condition, in part, byproviding law enforcement officers with useful and scientifically validinformation and training materials to assist in the enforcement of drinking anddriving laws. Beginning in 1975, NHTSA sponsored research that led to thedevelopment of a Driving While Impaired (DWI) 1 detection guide that listed 20driving cues and the probabilities that a driver exhibiting a cue would have aBAC of at least 0.10 percent (Harris et al., 1980; Harris, 1980). A similarstudy was conducted more recently that identified 24 driving cues that arepredictive of DWI at the 0.08 level (Stuster, 1997); the latter study alsoidentified ten post-stop cues with probabilities of DWI of at least 90 percent.NHTSA previously sponsored research that led to the development of a motorcycleDWI detection guide and training program (Stuster, 1993). NHTSA's DWI trainingmaterials, based on the results of these studies, have exposed the currentgeneration of law enforcement officers in the U.S. to information critical toDWI enforcement by providing a systematic, scientifically valid, and defensibleapproach to on-the-road DWI detection. At the same time NHTSA was providing officers withinformation concerning the driving behaviors that are the most predictive ofimpairment, the agency also sponsored research that led to the development of astandardized battery of tests for officers to administer to assess driverimpairment after an enforcement stop has been made. Marcelline Burns and Herbert Moskowitzconducted laboratory evaluations of several of the tests that were mostfrequently-used by law enforcement officers at the time (Burns and Moskowitz,1977). In addition to a variety of customary roadside tests (e.g.,finger-to-nose, maze tracing, backward counting), the researchers evaluatedmeasures of an autonomic reaction to central nervous system depressants, knownas Horizontal Gaze Nystagmus. Horizontal Gaze Nystagmus (HGN) is an involuntaryjerking of the eye that occurs naturally as the eyes gaze to the side. Aschan(1958) described studies that linked various forms of nystagmus to BAC, andWilkinson, Kime, and Purnell (1974) reported consistent changes in HorizontalGaze Nystagmus with increasing doses of alcohol. At the time Burns and Moskowitzwere conducting their seminal research for NHTSA, Horizontal Gaze Nystagmusrecently had been found to reliably predict BACs in a study conducted in Finland(Pentilla, Tenhu, and Kataja, 1974). Further, Lehti (1976) had just calculated astrong correlation between BAC and the onset of nystagmus. All of the field sobriety tests evaluated by Burns andMoskowitz were found to be sensitive to BAC in varying degrees, at least underlaboratory conditions. In addition, all of the tests showed a consistentincrease in correlations with increasing BACs. Statistical analyses found theHorizontal Gaze Nystagmus test to be the most predictive of the individualmeasures. However, the combined scores of two of the tests provided a slightlyhigher correlation than the Horizontal Gaze Nystagmus test by itself (Burns andMoskowitz, 1977); three tests were recommended to become the components of theSFST battery. NHTSA immediately sponsored a subsequent study to standardizethe test administration and scoring procedures and conduct further laboratoryand field evaluations of the new battery of three tests. The researchers foundthat law enforcement officers tended to increase their arrest rates and weremore effective in estimating the BACs of stopped drivers after they had beentrained in the administration and scoring of the Standardized Field SobrietyTest battery. The results of the study were documented in the technical report, Developmentand Field Test of Psychophysical Tests for DWI Arrest (Tharp, Burns, andMoskowitz, 1981). That report was cited throughout the U.S. to establish thescientific validity of the SFST battery and to support officers' testimony incourt. Beginning in 1981, law enforcement officers used NHTSA'sStandardized Field Sobriety Test (SFST) battery at roadside to help determinewhether motorists who are suspected of DWI have blood alcohol concentrations (BACs)greater than 0.10 percent. Since 1981, however, many states have implementedlaws that define DWI at BACs below 0.10. For this reason, NHTSA sponsoredadditional research to systematically evaluate the accuracy of the SFST batteryto discriminate above or below 0.08 percent and above or below 0.04 percent BAC.In that study, Jack Stuster and Marcelline Burns (Stuster and Burns,1998) foundthe SFSTs to be extremely accurate. Decision analyses revealed that officers'estimates of whether a motorist's BAC was above or below 0.08 were accurate in91 percent of the cases, and estimates of whether a motorist's BAC was above0.04 but under 0.08 were accurate in 94 percent of the decisions to arrest andin 80 percent of the relevant cases, overall. 2 The SFST battery is composed of three tests: Horizontal GazeNystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS); the tests andscoring procedures are described in Appendix A. Table 1 compares the accuracy ofthe SFSTs during the 1981 and 1998 validation studies. In the 1998 study, HGNwas again found to be the most accurate of the component tests in discriminatingabove and below the criterion BAC, and the results of the three SFSTs combinedprovided slightly greater accuracy than the HGN test alone. The most salientdifference between the results of the 1981 and the 1998 validation studies isthe substantial increase in the accuracy of officers' decisions, despite thelower criterion BAC in the 1998 study (0.10 percent BAC in 1981; 0.08 percentBAC in 1998). The greater accuracies of the SFST battery and component testsduring the 1998 study are attributable to the differential experience of theofficers who participated in the two studies. That is, the officers whoparticipated in the original research had learned the procedures as part of the1981 laboratory study; in contrast, the officers who participated in the 1998study had been using the SFSTs for several years to help make arrest decisionsunder operational conditions. Thus, the levels of accuracy observed during the1998 study reflect current conditions and should be considered the validatedmeasures of SFST accuracy. Table 1 Comparison of SFST Accuracy During the 1981 and 1998 Validation Studies SFST(s) % Correct Decisions 1981 % Correct Decisions 1998 SFST(s) 1981 1998SFST Battery (the 3 tests combined) 81 91 Horizontal Gaze Nystagmus (HGN) 77 88 Walk-and-Turn (WAT) 68 79 One-Leg Stand (OLS) 65 83 Other studies have confirmed the considerable accuracy of theSFSTs to assist officers in making arrest decisions for DWI (Arend, et. al.,1999; Anderson and Burns, 1997; Burns and Anderson, 1995). Officers have foundthe SFSTs to be fully-acceptable for field use and they appreciate thediagnostic value of test results. Further, many prosecutors prefer officers toadminister only the SFSTs to help make arrest decisions for DWI because thetests have been scientifically validated and are defensible in court. NHTSA's SFSTs largely have replaced the unvalidatedperformance tests of unknown merit that once were the patrol officer's onlytools in helping to make post-stop DWI arrest decisions. Regional and localpreferences for other performance tests still exist, even though some of thetests have not been validated. Despite regional differences in what tests areused to assist officers in making DWI arrest decisions, NHTSA's SFSTs presentlyare used in all 50 states. NHTSA's SFSTs have become the standard pre-arrestprocedures for evaluating DWI in most law enforcement agencies. 3 The Horizontal Gaze Nystagmus (HGN) test is considered by many law enforcement officers to be the most effective technique to provide evidence of alcohol in a motorist's system. The normal variation in human physical and cognitive capabilities, and the effects of alcohol tolerance, can result in uncertainties when arrest decisions are made exclusively on the basis of physical and/or cognitive performance tests. These uncertainties have resulted in many DWI suspects being released rather than detained and transported to another location for evidentiary chemical testing. This is because some experienced drinkers can perform physical and cognitive tests acceptably, even with a BAC greater than 0.10 percent. However, experienced drinkers cannot conceal the physiological effects of alcohol from an officer who is skilled in HGN administration, because Horizontal Gaze Nystagmus is an involuntary reaction over which an individual has absolutely no control. The Importance of Standardization The validity of SFST results is dependent upon practitionersfollowing the established, standardized procedures for test administration andscoring. NHTSA's SFST Student Manual states that the proceduresdemonstrated in the training program describe how SFSTs should be administeredunder ideal conditions, but that ideal conditions do not always exist in thefield. Variations from ideal conditions, and deviations from the standardizedprocedures, might affect the evidentiary weight that should be given to testresults. Courts in several states have reviewed the admissibility offield sobriety tests that assess physical coordination and have held thatdeviations in the administration of the tests should not result in thesuppression of test results. These courts have found that field sobriety tests,including the Walk-and-Turn and the One-Leg-Stand of the SFST battery, aresimple physical dexterity exercises that can be interpreted by an officer in thefield, and by others in a court of law. However, courts have ruled that theadmissibility of the HGN test may be treated differently due to its "scientificnature." For this reason, HGN results are vulnerable to challenge, and likelyto be excluded by the court, if the test was not administered in strictcompliance with established protocols. Other states have been even less accommodating to deviationsfrom the standardized procedures. In particular, the Ohio State Supreme Courtruled that law enforcement officers have no discretion in the administration ofSFSTs. In a four-to-two decision, the Ohio State Supreme Court held in Ohiov. Homan, 732 N.E.2d 952 (Ohio 2000), that Standardized Field Sobriety Testsconducted in a manner that departs from the methods established by NHTSA "areinherently unreliable" and thus inadmissible. 4 The SFST battery is composed of three separate tests withthree independent predictive validities that range from 79 to 88 percent.Depending on the physical characteristics of the subject and roadsideconditions, an officer might choose to refrain from administering the entireSFST battery, as directed by the training materials (e.g., a leg injury thatmight affect a person's ability to perform the OLS test). Because an officer ispermitted the discretion to withhold a test, it is reasonable to question why adeviation in the administration of one of the three tests would disqualify theentire battery. Although it is not recommended to do so under ideal conditions,the data show that accurate arrest decisions reliably can be made on the basisof two of the SFSTs, or on the basis of HGN test results, alone. The International Association of Chiefs of Police (IACP)adopted uniform procedures in 1992 to guide the training of SFST instructors andpractitioners. Those standards include 24-hours of NHTSA-approved SFSTinstruction. The procedures for administering and interpreting SFST results canbe readily learned and, generally, proficiency increases with experience.However, it is possible for SFST skills to degrade if they are not exercisedregularly (e.g., during a prolonged absence from patrol work). Also, the SFSTprocedures have evolved since they were first developed in 1981. Modificationsto the standardized procedures could result in an officer administering SFSTsaccording to outdated protocols. 5 For these reasons, NHTSA recommends that lawenforcement agencies conduct refresher training for SFST instructors andpractitioners. Project Objectives The primary objective of this study is to develop a modelsystem to help law enforcement agencies manage Standardized Field Sobriety Test(SFST) training requirements. A further objective is to explore the feasibilityof establishing and operating a statewide SFST training records system. General Approach Judges in the State of Colorado became concerned withinconsistencies in the testimony of law enforcement officers concerning SFSTadministration and scoring procedures. In response to those concerns,representatives of law enforcement agencies, the Rocky Mountain Institute forTransportation Safety, and the Colorado Department of Transportation developedstandards for SFST instructors and practitioners, based on the NHTSA standards,which include requirements for refresher training. In this regard, the ColoradoSFST standards require that practitioners receive at least two hours ofrefresher training every two years and instructors receive at least eight hoursof refresher training every two years, to maintain their SFST practitioner andinstructor certifications. The statewide regulation took effect in 1999, with atwo-year grandfather clause expiring in November of 2001. The implementation of SFST refresher training requirements by the State ofColorado offers an opportunity to study how law enforcement agencies maintainrecords of training experience to comply with the requirement. The question ofparticular interest is, how do agencies identify when individual SFSTinstructors and practitioners must receive their periodic refresher training?Interviews were conducted with personnel from a sample of Colorado lawenforcement agencies to obtain the information necessary to answer the researchquestions. Various terms are used throughout the UnitedStates for offenses involving drinking and driving. In this report, DrivingWhile Impaired (DWI) is used to refer to all occurrences of driving at or abovethe illegal blood alcohol concentratiion (BAC) limit of a jurisdiction. In addition to the results of the decisionanalysis, the study found statistically significant correlations between SFSTresults and measured BACs ( p =.005); also, the difference between the meanestimated and measured BACs of the 297 motorists tested at roadside during thefield study was very small and operationally irrelevant (i.e., 0.117 vs. 0.122percent BAC, respectively). The Advisory Committee on Highway Safety ofthe International Association of Chiefs of Police (IACP) recommended in 1986that law enforcement agencies adopt and implement NHTSA's SFSTs and theassociated training program. Officers always should fully comply withNHTSA's guidelines when administering the SFSTs. However, if deviations occur,officers and the courts should understand that any deviation from establishedprocedures relates to the weight of the evidence, not its admissibility . For example, the original SFST proceduresspecified that the HGN test not be administered to individuals who were wearinghard contact lenses. The stipulation was made to avoid the possibility of losinga lens as a consequence of the required eye movements. The stipulationeventually was removed when it was recognized that the possibility of dislodginga contact lens was minimal. Continue to Research Table of Contents

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Alaska DWI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Alaska DWI LAW Choose your Alaska county to locate a DUI LAW Lawyer in your area. :: Select a County :: Aleutians East Borough Aleutians West Anchorage Borough Bethel Bristol Bay Borough Denali Borough Dillingham Fairbanks North Star Borough Haines Borough Juneau Borough Kenai Peninsula Borough Ketchikan Gateway Borough Kodiak Island Borough Lake and Peninsula Borough Matanuska-Susitna Borough Nome North Slope Borough Northwest Arctic Borough Prince of Wales-Outer Ketchikan Sitka Borough Skagway-Hoonah-Angoon Southeast Fairbanks Valdez-Cordova Wade Hampton Wrangell-Petersburg Yakutat City and Borough Yukon-Koyukuk Alaska counties - map view Alaska DWI arrests trigger two separate cases, and each of these cases must be defended following a drunk driving arrest. First, there is the court case, which can result in punishment that includes jail time , fines, mandatory DWI educational programs , ignition interlock devices , and more. Additionally, every driver arrested for Alaska DWI that submits to a chemical test of .08% or more, or who refuses to take a chemical test following their arrest for Alaska DWI, DUI, or any drinking and driving charge, will be subject to a Division of Motor Vehicles (DMV) case where their license may be taken away. TAKE NOTE: YOU MUST REQUEST A DIVISION OF MOTOR VEHICLES HEARING WITHIN SEVEN (7) DAYS OF YOUR ARREST. CONTACT AN ALASKA DWI DEFENSE LAWYER RIGHT AWAY TO ENSURE THAT YOUR LICENSE IS PROTECTED. Alaska DWI cases can be prosecuted on one of two theories: either violation of Alaska’s "per se" law by driving with a blood or breath alcohol content of .08% or higher , or by driving while impaired. Impairment, for purposes of Alaska’s drunk driving laws, can be proved by driving patterns , field sobriety test performance , and chemical test results . A skilled DWI defense lawyer will know how to deal with each type of evidence in an Alaska drunk driving case. Thankfully, someone accused of drunk driving in Alaska has the right to a trial to defend him or herself in a court of law. Alaska DWI convictions are generally misdemeanors (although may be treated as a felony if it is a third-offense or greater, or involves bodily injury). Punishment for Alaska DWI (or for related Alaska drunk driving convictions) includes fines, jail time, and community service. Electronic monitoring may be obtained in lieu of jail time in appropriate cases, although it is important to discuss this with an experienced Alaska drunk driving defense attorney . The Alaska Division Of Motor Vehicles, under the Department Of Administration, imposes a revocation of driving privileges as an administrative penalty for any driver who (after being lawfully arrested for DWI) refuses to take a breath test or who takes a breath test with a result of .08 or greater. The only way to possibly avoid this administrative revocation is to contest the revocation by requesting an Administrative Review/Hearing within seven (7) days of your arrest. Alaska DMV Actions The revocation of a driver's license, or privilege to drive in this state (for citizens of other state arrested in Alaska) is imposed in an administrative proceeding outside of the criminal case. It is possible to have one's driving privileges revoked in an administrative proceeding even though the criminal charge of DWI or refusal is dismissed or successfully defended in Alaska criminal court. The period of the revocation varies depending on whether the driver has any DWI convictions in Alaska, or any other state. If the driver has no prior convictions for DWI or refusal, the revocation period is 90 days. There may be a possibility of obtaining a limited license for work purposes only during the last 60 days of this 90 day period if the revocation is for a breath test result of .08 or greater, but not for refusal. If the driver has 1 prior DWI or refusal conviction , the revocation period is 1 year, with no opportunity for a limited work permit. If the driver has 2 prior convictions , the period of the revocation is for 3 years, with no opportunity for a limited work permit. If the driver has 3 or more DWI convictions , the revocation period is 5 years, with no opportunity for a limited work permit. If your license is revoked by the DMV, you will need to pay a fee to the DMV, and take any additional testing they require in order to get your driving privileges reinstated. You will also be required to show proof of insurance for a period of 3 years after the revocation period ends. This usually involves increased insurance premiums. How to "Contest" the Revocation (Requesting an administrative review/hearing) The revocation is initiated on the date of the arrest by the officer serving a copy of a "Notice And Order Of Revocation" on the driver who is arrested for suspicion of violating Alaska DWI laws. From the time that this documents is served on the driver, the driver has 7 days to request an Administrative Review/Hearing of the revocation. A person who contests the revocation by filing a request for a hearing within 7 days after the Notice And Order Of Revocation is given to the driver, may be successful in preventing the DMV from revoking his license. If the driver does not request a hearing within 7 days, the license revocation will go into effect the following day, by default, and the driver will not have an opportunity to contest the revocation period. The request for hearing must be made within seven (7) days of the date you receive the Notice And Order Of Revocation. The driver should state the grounds for his/her request. An attorney's assistance will be helpful to set forth all of the available grounds. There may be many issues raised in an Administrative Review/Hearing. The written request should either be (1) hand delivered to Division of Motor Vehicles, Department of Administration, Driver Improvement Bureau, 1300 W. Benson, Suite 100, Anchorage, Alaska 99503, or sent by mail. If the request is sent in the mail, it must be postmarked within the 7 day time frame. (Don't simply drop it in the mailbox and keep no record of it being received at the post office). As an extra precaution you can fax your request for a hearing to (907) 269-3774. However, a fax request should not be relied upon as the official request for a hearing. We recommend personal hand delivery to the DMV Office or by certified mail. The Importance of the Administrative Hearings Administrative Hearings can be critical to the client's case. First, if the driver does nothing, his/her license or privilege to drive in Alaska will be revoked, even if the driver is able to beat the DWI or refusal charges in the criminal case. There may be grounds for defeating the revocation at the Administrative Review/Hearing, depending on the facts of your case. Second, the Administrative Review/Hearing offers your lawyer the opportunity to cross-examine the officers involved in your arrest and investigation, so that important issues can be reviewed before the criminal DWI case is resolved. The sworn testimony of the officers is recorded, and can be very important in helping to resolve or win the criminal DWI case. This also provides an important way to impeach the officer if he attempts to testify in a different fashion later on at trial in the criminal case. Further, this will give you and your attorney the opportunity to hear the officer's testimony under oath, and obtain a better understanding of their observations and the extent of the evidence that they have against you. Finally, if you request an Administrative Review/Hearing within 7 days, you will be granted temporary driving privileges by the DMV at least until the date of your Administrative Review/Hearing. Usually, the Administrative Hearing is scheduled within approximately 1 month after you request the hearing, although the hearing may be continued for a longer time after your attorney enters his/her appearance on your behalf. Always keep copies of all documents that you submit to the DMV and always keep your postage receipt so that you can show it was timely sent. :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.