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Field Sobriety Testing THE

Field Sobriety Testing - Law Firm Peter J. Peaquin Attorneys Seattle, Washington 720 3rd Avenue Suite 2015 Seattle, Washington 98104 phone: 206-633-3000 fax: 206-467-3152 click here to email us Field Sobriety Testing THE ROADSIDE TESTS ARE VOLUNTARY AND SHOULD BE REFUSED Want to help the police officer build a DUI case against you? If so, take their tests in ignorance. Want the real truth? Then protect yourself and read on. "Field sobriety testing" (or FSTs) as practiced on the city streets and highways of Washington State is not an effective indication of a persons level of intoxication. There are no conclusive studies linking the results of any field test to legal intoxication. The best studies show less than an 80% rate of accuracy. Only three of the tests available to officers have been given any shroud of "scientific" legitimacy by the National Highway Traffic Safety Administration (NHTSA). These tests are: The Horizontal Gaze Nystagmus Test The Walk and Turn Test The One Leg Stand Test All other tests are not validated in any official way. In fact, many of the tests involve closing your eyes and balancing. Without a visual frame of reference, no "balance" test can honestly claim to measure sobriety or intoxication. Therefore, tests such as the Finger to Nose Test, and the Rhomberg Balance Test should be avoided. Other tests, such as counting or saying the ABCs backwards, counting ones fingers, or playing "pattycake" have no correlation whatsoever to ones ability to operate a motor vehicle safely. Officers regularly testify that FSTs are gauged to measure "divided attention." For instance, when you drive, you must divide your attention between several tasks, such as steering, breaking, navigating and signaling. The theory is that alcohol impair one's ability to divide attention. You have the absolute right to refuse to submit to field sobriety testing. If you decide to take the tests, the officer cast his/her own interpretation of your performance on your case. Keep in mind that the officer is already investigating you for DUI, and in all likelihood will arrest you even if you take the FSTs. THE DRAWBACKS OF REFUSING THE TESTS: Contrary to common misunderstanding, 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 not to refuse to take the tests). The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. The other major drawback is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. CONCLUSION: As a general rule subject to very few exceptions, I recommend that you politely refuse to take the tests. If you have been accused of Driving Under the Influence, DUI, in Western Washington, including King County and the Cities of Seattle, WA, and Bellevue, Snohomish County and the City of Everett, and Pierce County and the City of Tacoma, please contact us today for a free consultation . Disclaimer: The information contained in these pages is to educate; therefore, nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney. Additional disclaimer information. Home | Firm Overview | Client Comments | FAQs | Practice Areas | Contact Us | Free Consultation 30-day Deadline | Preserve Your Rights | License Hearing | DUI Penalties | DUI Law | DUI Court Process | 10 Tips Newsletter | Latest Legal News | Directions | Disclaimer | Site Map

Thousands of DUI tests challenged because of faulty test on equipment - Arizona DUI Laws Attorney Lawyer Phoenix DUI Drunk Driving Defense Extreme Penalties In Scottsdale Arizona DUI Attorney Ed Loss | Arizona DUI Laws | Site Map Home | Free Case Evaluation | About Ed | DUI FAQ's | Attorney Fees | DUI Case Examples Contact Us / Directions | Blood Test Issues | Save Your License! | DUI Publications & Articles | DUI Links Thousands of DUI tests challenged because of faulty test on equipment By Paula McMahon Staff Writer January 11, 2005 Thousands of DUI arrests made by the Broward Sheriff's Office and Davie police could face legal challenges because operators broke the rules when they tested the departments' breath analysis equipment, a defense attorney who specializes in drunken driving cases said Monday. Technicians ran the monthly tests using tap water instead of distilled or deionized water, as required by the Florida Department of Law Enforcement, prosecutors and the agencies admit. "Thousands of people in this county go to jail and lose their licenses based on what these machines say. The police made up these rules, and they should be following them," said Carlos Canet, a lawyer with the Miami law firm of Essen & Essen, which has a statewide reputation for DUI defense. Canet uncovered the problem about two months ago during a deposition. While he was questioning one of the machine's operators about other issues, he found out that the state's alcohol testing program rules were not being followed. He recently began to raise the issue in court, but no formal papers have been filed yet, and there have been no legal rulings on the question. It's unclear at this stage whether any convictions could be thrown out because of the problem. The Broward State Attorney's Office plans to notify attorneys for thousands of clients arrested by the Sheriff's Office and Davie during the past 3 1/2 years. Prosecutors said they are concerned about the issue, but they do not think it is significant enough to overturn convictions. "From our standpoint, we do not think this kind of challenge will be upheld by the courts," said Lee Cohen, the Broward prosecutor in charge of county courts. "But we are going to research the matter extensively. We're not going to rely on our own suppositions on this." About Lawyer Ed Loss Arizona DUI Frequently Asked Questions Prevent Your DMV License Suspension Selecting the Right Attorney Sample Cases DUI Publications & Articles Free DUI Case Evaluation Contact Ed Loss Name: E-Mail: Phone: Comments: DUI Attorney Fees Field Sobriety Tests Blood Alcohol Calculator Arizona DUI Court Information Phoenix Blood Test Information Breath Testing Information In Scottsdale Arizona Drunk Driving Defense Arizona DUI Laws Extreme DUI Penalties DUI Links DUI Seminars Contact Us / Directions They will send out notifications for DUI cases involving breath tests on defendants arrested by the Sheriff's Office between June 1, 2001, and Aug. 13, 2004, and for Davie arrests made between June 1, 2001, and Dec. 3, 2004. Cohen said there appears to have been a technical violation of the rules. To overturn a case, the law requires a substantial violation. Canet said defendants could use the issue to appeal convictions or withdraw pleas. And it could be a viable argument in cases that are not yet resolved. The issue involves how monthly tests are run on the breath analysis machines. FDLE does its own annual tests on all of the machines in the state, but the agency also requires each department to do monthly tests. The yearly FDLE tests were done correctly, prosecutors and the agency said, but the two departments did not follow the appropriate procedures for the monthly ones. The test involves using a simulator that heats up distilled water to a specific temperature and delivers a burst of steam into the machine. Samples of distilled water and a mixture of distilled water and acetone are used to ensure that the machine registers the samples as alcohol-free. Other samples containing alcohol are also tested. FDLE used to allow tap water to be used in the tests. But the agency changed the rules effective July 1, 2001, so that testing standards are uniform around the state and because of concerns that tap water could damage the simulators, said Laura Barfield, FDLE's program manager for alcohol testing. "At this point, we're not sure, when that guideline changed, why our people didn't spend a dollar and buy a jug of distilled water," said Jim Leljedal, a Sheriff's Office spokesman. The Sheriff's Office makes thousands of DUI arrests each year, the majority of which involve breath tests, Leljedal said. He could not give an exact number of arrests. Davie police made 433 arrests for DUI in 2002, according to the most recent figures available on the department's Web site. Lt. Bill Bamford, of Davie police, said his agency will correct any discrepancies. Barfield, the FDLE program manager, said her agency will investigate and possibly take disciplinary action against any operators who did not follow the rules. Discipline can range from retraining to revoking the person's permit, she said. Barfield said she also will conduct a research project for Broward County to test her opinion that using tap water would not have affected the test results. Browse Pages By Topic: Page 01 Page 02 Page 03 Page 04 DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. Arizona DUI - Home | About Lawyer Ed Loss | Arizona DUI Frequently Asked Questions | Prevent Your DMV License Suspension | Selecting the Right Attorney | Sample Cases | DUI Publications & Articles | Free DUI Case Evaluation | DUI Attorney Fees | Field Sobriety Tests | Blood Alcohol Calculator | Arizona DUI Court Information | Phoenix Blood Test Information | Breath Testing Information In Scottsdale | Arizona Drunk Driving Defense | Arizona DUI Laws | Extreme DUI Penalties | DUI Links | DUI Seminars | Contact Us / Directions | Site Map | DUI Laws DUI Attorney DWI Lawyer | Atlanta DUI Lawyer | Law Firms | Atlanta DUI Attorney | Massachusetts DWI Lawyers | Atlanta DUI Lawyers | Texas DWI Attorney | Chicago Illinois DUI Lawyer | New York DWI Lawyer | DUI Lawyer Georgia | Georgia DUI Lawyer | Georgia DUI Attorney Other Resources: DUI Expungement Lawyers - Clear Your Record | DUI Laws - Drunk Driving Lawyers DWI Laws - Drunk Driving Lawyers | Drunk Driving Defense | DUI Attorneys | Go To Traffic School © 1998 - 2006 Edward A. Loss, III, P.C. Arizona DUI Attorney and Counselor at Law. All Rights Reserved. Metadata, Design, and Optimization services provided by Electric Lemonade Interactive Media - Atlanta Web Design

Breathalyzers AlcoScan AL-2500 AL-2500

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Blood Alcohol Level, Blood

Blood Alcohol Content  You are here: About > Health & Fitness > Alcoholism / Substance Abuse Health & Fitness Alcoholism Essentials First Time Here? Drinking Problem? A Family Disease Frequently Asked Questions Issues for Women Topics Alcoholism 101 About Drug Abuse Effects of Alcohol Do I Have A Problem? How to Quit Find a Meeting 12 Step Recovery Domestic Abuse Support for Families College Drinking Issues Facts for Teens Drunk Driving Research and Statistics Treatment / Rehab Women and Alcohol Buyer's Guide Before You Buy Top Picks Recovery Classics Recovery Books Recovery Videos Product Reviews Forums Help FREE Newsletter Sign Up Now for the Alcoholism / Substance Abuse newsletter! See Online Courses   Search Alcoholism / Substance Abuse Stay up to date! Email to a friend Print this page Most Popular Alcoholism Screening Quiz Adult Child of Alcoholics Screening Quiz Symptoms of Alcohol Withdrawal Drug Abuse Screening Quiz Alcohol Screening Quiz What's Hot Sleep Problems in Recoverin... Long-Term Pot Effects? Cocaine May Play Role in De... Alcohol-Deterrent Drugs Different Kinds of Pot? Related Topics Attention Deficit Disorder Bipolar Disorder Depression Mental Health Resources Panic / Anxiety Disorders “Blood Alcohol Content” Glossary From Buddy T , Your Guide to Alcoholism / Substance Abuse . FREE Newsletter. Sign Up Now! Definition: Blood alcohol content is the amount of alcohol present in a 100 milliliter (mL) volume of blood. For example 80 mg is 0.08 grams, 0.08 grams of alcohol in 100 mLs is written as 0.08%. In other words, 80 mg% is equal to 0.08% which is equal to 80 mg/dL (deciliter; 100 mLs). This value can also be described as 0.08 BAC. All of these methods of expressing blood alcohol concentration are in use in various countries. Also Known As: BAC, Blood Alcohol Level, Blood Alcohol Concentration. Examples: When arrested his blood alcohol content was .17. Important disclaimer information about this About site.   Topic Index | Email to a Friend Our Story | Be a Guide | Advertising Info | Work at About | Site Map | Icons | Help User Agreement | Ethics Policy | Patent Info. | Privacy Policy | Kids' Privacy Policy ©2006 About, Inc., A part of The New York Times Company . All rights reserved. Around About Tips to Losing Weight Guide to Distance Learning How to Travel for Less PHOTOS: Italy PHOTOS: Hybrid Cars What's Hot Sleep Problems in Recoverin... Long-Term Pot Effects? Cocaine May Play Role in De... Alcohol-Deterrent Drugs Different Kinds of Pot?

DUI School or Substance

Nevada DUI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Nevada Topics Nevada DUI Nevada Car Insurance Nevada DUI Lawyers Google Search Results Nevada DUI Information What Happens To First Time Offenders in Nevada? Nevada First Offender You are DUI in Nevada if your blood alcohol is .08% or higher. The limit is .04% for commercial drivers and .02% for drivers under 21. Drivers can be arrested and convicted for DUI with a lower blood alcohol content (BAC) reading or for driving under the influence of controlled or prohibited substances. The first DUI offense is a misdemeanor punishable by up to six months in jail and a $1,000 fine. The minimum penalties for first offense are two days in jail or 96 hours of community service, a $200 fine, $70 in court costs, a $60 chemical test fee, and a DUI education course, including mandatory attendance at a victim impact panel. If your blood alcohol level was 0.18 or more or you are under the age of 21, you must also pay $100 to have an alcohol evaluation done. Penalties for a typical DUI first offense: Criminal Arrest Vehicle Impounded Two days to six months in jail or community service (48 to 96 hours) Fine $400 to $1,000 Chemical Test Fee $60 DUI School or Substance Abuse Treatment Victim Impact Panel Drivers License License revoked for 90 days $65 Reinstatement Fee $35 Victims Compensation Civil Penalty $21.75 Driver License Fee DMV Tests: Vision, Knowledge, possibly Skills SR-22 Certificate of Liability Insurance required for three years Under 21 The blood alcohol limit is.02%. Your license will be revoked for 90 days, and you will be subject to criminal penalties (see above). You must pay $100 to have an alcohol evaluation done. Commercial Driver The blood alcohol limit is .04% for commercial drivers, though any detectable amount will affect your driving privileges. License revoked for 90 days. Law enforcement can prohibit any commercial driver from driving for 24 hours if you have blood alcohol of over 0.01 percent. Revocation Appeal and Reinstatement You may appeal a revocation through the DMV Office of Administrative Hearings. License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically obtain a license to regain your driving privilege. A revocation which is not reinstated will remain on your record indefinitely and you will not be able to obtain a driver license in any state. DUI School At least 8 hours of "DUI school," either 4 two hour or 1 eight hour session. If your BAC is .18 or higher, you may be required to obtain a Bureau of Alcohol and Drug Abuse evaluation and further counseling (AA or NA), as ordered by the court. The higher your BAC, the more hours you will have to take. A DMV list of DUI Schools: http://www.dmvnv.com/dlschoolsdui.htm Test Refusal Driving in Nevada implies consent to be tested you may not refuse. Law enforcement may use reasonable force to obtain blood test if a breath test is refused. Insurance Upon conviction, your insurance rates will probably increase dramatically, and your carrier may drop you, forcing you to find a carrier that offers less coverage for even more money. Home > State By State Help > Nevada DUI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us