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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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Blood Alcohol LevelInsure.com Car Insurance - Official site. Compare auto insurance quotes, 200 companies, instant term life insurance quotes, life insurance quotes, health insurance quotes, medical insurance quotes, dental insurance, long-term care insurance, renter's insurance. Choose one Auto Term Life Health Homeowners Dental Quick Issue Life Children's Life --- Travel Motorcycle Boat/Watercraft Classic Auto Classic Boat --- -- British Visitors: Click Here Canadian Visitors: Click Here How many drinks does it take? Calculate your blood-alcohol level By Insure.com Blood-Alcohol Content Calculator A person's blood-alcohol level is the result of a complex interaction of weight, gender, alcohol consumed, and time. Weight (pounds) 100 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 Drinks Consumed (12 ounces beer or equivalent) 1 2 3 4 5 6 7 8 9 Over Time Period (hours) 1 2 3 4 5 6 Gender Female Male B.A.C.: The basic formula for estimating a person's blood-alcohol concentration comes from The National Highway Traffic Safety Administration. Each drink in this calculation assumes a volume of .54 ounces of alcohol (one shot of distilled spirits, a glass of wine, or 12 ounces of beer). The basic formula for estimating a person's blood-alcohol concentration comes from The National Highway Traffic Safety Administration. Each drink in this calculation assumes a volume of .54 ounces of alcohol (one shot of distilled spirits, a glass of wine, or 12 ounces of beer). Many of us have wondered just how many drinks it takes before we'd be considered legally drunk. Alcohol is a major factor in traffic accidents. There is an alcohol-related traffic fatality every 30 minutes, and an alcohol-related traffic injury every 2 minutes. Alcohol-related crashes are defined as those where someone involved, either a driver or a pedestrian or another non-occupant, had a traceable amount of alcohol in his or her blood. According to the U.S. Department of Transportation, 17,401 people died in alcohol-related crashes in 2003 and alcohol was involved in 40 percent of all crash fatalities. About 1.5 million drivers were arrested for driving under the influence of alcohol or narcotics in 2002 (latest data available). This is roughly the same amount as were arrested in 1999. The arrest rate works out to one arrest for every 137 licensed drivers in the United States. About 30 percent of all Americans will be involved in an alcohol-related crash at some point in their lives. In addition, 68% of children killed in alcohol-related crashes ride in a car with a drinking driver. As of July, 2004, every state and the District of Columbia had lowered the limit defining drunk driving from 0.10 BAC (blood alcohol content) to 0.08. Delaware and Minnesota were the last two states that made 0.08 BAC the level defining drunk driving. In the past year, several states have changed the definition to 0.08 in response to the threat of federal highway funding cuts. Louisiana's law lowering the limit defining drunk driving, effective August, 2004, also bars a driver in a crash from recovering damages if the driver's BAC exceeds 0.08 and if found more than 25 percent at fault as a result of the higher BAC. In February 2004 a lawsuit was filed in Los Angeles accusing Anheuser-Busch and the Miller Brewery Company of deliberately marketing their products to young people. The suit was brought by the parents of a young woman killed by an underage drunk driver in 2003. Since November 2003, similar lawsuits have been filed in three other states and the District of Columbia. A year-end 2003 public opinion poll conducted by Data Development Corporation for Anheuser-Busch found that 84 percent of Americans favor stricter enforcement of zero-tolerance laws for underage drivers and 93 percent for repeat offender laws. Over half of drivers arrested for drunk driving in the nation are repeat offenders, according to a 2003 AAA Foundation for Traffic Safety study. Two-thirds of drivers with suspended licenses still drive. To combat the problem the foundation recommended strengthening laws that impound vehicles, remove license plates on arrest, mandate ignition interlocks, use special plates to identify repeat offenders, use checkpoints to check licenses and prevent vehicle registration by drivers without valid licenses. By January 2004, 43 states had passed ignition interlock laws, according to the Insurance Institute for Highway Safety. Interlocks are devices that, when blown into, measure a driver's blood alcohol and prevent a car from starting if alcohol is detected. Twenty-nine states mandate that drivers with multiple offenses forfeit their vehicles if found driving while impaired by alcohol. If you get pulled over and your blood-alcohol level is above the legal limit, you'll be arrested for drunk driving. If that leads to a conviction, you'll probably get socked with much higher insurance premiums — if they let you drive at all. This calculator helps you figure out what your blood-alcohol content would be if you drank a specific number of drinks over a certain period of time. Remember, this is just an approximation. The calculator has to make certain assumptions, such as drinking all that alcohol on an empty stomach. If you eat while you drink, the alcohol is absorbed more slowly into your bloodstream. In any case, studies have shown that impairment begins with the first drink. Alcohol affects everyone differently. If you don't normally drink, a single beer could put you out of commission. For the most part, by the time you feel drunk, you're well past the legal limit. In general, the more you weigh, the more you'd have to drink before you'd be considered drunk. Consider this: A 210-pound male could drink six beers in an hour and still not be legally drunk in some states. His blood-alcohol content would be 0.0984. If a 150-pound man drank the same amount, his blood-alcohol content would be 0.14258 — nearly 1 times the legal limit. Gender also affects your blood-alcohol content. The female counterpart to a 150-pound drunken male would have a blood-alcohol content of 0.17097 after consuming six drinks in an hour. Last updated May 26, 2005 Related information: Auto insurance basics More auto insurance stories -- -- $5K-$20K $25K-$150K -- -- -- Auto Insurance Main Page Auto Insurance Basics Minimum Required Levels Average Auto Premiums 9 Ways To Save When Your Insurer Totals Your Car Car Crash Performance Tool Get an Instant Auto Insurance Quote! Health Insurance Main Page Health Insurance Basics Know Your COBRA Rights The HIPAA Law Buying Individual Coverage Short-Term Health Insurance Health Insurance Law Tool Get an Instant Health Insurance Quote! Home Insurance Main Page Home Insurance Basics 12 Ways to Save Get an Instant Home Insurance Quote! Life Insurance Main Page Life Insurance Basics Term Life Basics Life Insurance Calculator 10 Ways to Save Life Insurance & Annuity Tax Tool Get an Instant Life Insurance Quote! Annuities Main Page Annuity Basics Variable Annuities Equity-Indexed Annuities Life Insurance & Annuity Tax Tool Get an Instant Annuity Quote! 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drunk driving fatalities and Drunk Driving Reform Initiative Sarah and Chip's Crosses on 350 South, Lafayette, Indiana Dedicated to reducing the number of drunk driving fatalities and injuries in the memory of Sarah Towery and Chip Smith who were killed by a repeat drunk driver on March 21, 1999 in Lafayette, Indiana. The "system" contributed to this tragedy, in that numerous government agencies and individuals enabled Jeffrey Trout to be on that road in that condition on that date. The purpose of this initiative is to bring together various reform issues and ideas in order to contribute to reducing the number of alcohol and other drug-related highway deaths and injuries, especially by repeat offenders. There is no single solution in dealing with the issue, and the judicial system seems unable to put together a comprehensive approach to deal with the issue. The Drunken Driving Reform Initiative will provide practical, realistic solutions that when implemented will reduce the number of alcohol and drug-related deaths and injuries. Sarah and Chip: their Personal Stories Sarah - 24-year-old part-time student and working full-time Chip - 20 year old studying to become a paramedic while working full-time Facts surrounding the March 21, 1999 crash and deaths of Sarah and Chip Lafayette Journal and Courier newspaper articles and editorials relating to drunk driving Senate committee OKs .08 bill Proposed legislation Sarah's father (Dan Towery) recounts tragedy Drunk Driving Facts Other related links MADD Candlelight Vigil - December 7, 2000 - Lafayette, IN Electronic mail dan@ddreform.org margie@ddreform.org webmaster@ddreform.org Send mailto webmaster@ddreform.org withquestions or comments about this web site. Last modified: July 10, 2003
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DUI Attorney in Atlanta Atlanta Georgia DUI Lawyers Atlanta Georgia DUI Lawyers Atlanta Georgia DUI Lawyers The Chestney-Hawkins Law Firm is 100% Dedicated to the Successful and Aggressive Defense of Georgia DUI Cases Many attorneys claim to be DUI defense lawyers, but they simply handle guilty pleas. The Chestney-Hawkins Law Firm is exclusively dedicated to fighting Georgia DUI cases. Although most cases do not have to go all the way to trial, we take every case with the attitude that we will go to trial if necessary to avoid a wrongful DUI conviction. This means that prosecutors don’t expect us to plead guilty – and we don’t. If you have been accused of DUI, this means that we enter a “not guilty” plea on your behalf and then do everything possible within the law to get that settlement or verdict – Not Guilty! Before you decide to just plead guilty and “get it over with,” please give us a call to at least discuss your rights and all your options. A DUI arrest does not have to result in a DUI conviction! Over the past several years, we have handled hundreds and hundreds of DUI cases all over Georgia. In 2003, we won another landmark case in the Georgia Supreme Court. To read about some of our other many victories, please click here : georgia dui victories. To read about our recent Supreme Court victory, click here . (Reprinted by permission of the Atlanta Journal Constitution.) In Georgia, even a first-time DUI has serious consequences, so choosing a lawyer to defend you is an important decision. We certainly don’t have to tell you the difference it makes – to your insurance rates, present and future employment, fines, and many other economic costs of a DUI conviction. If you’re buying a house, any competent Georgia attorney can help you close the transaction. But choosing the right attorney to defend you when your rights and freedom are at stake is a serious matter. We suggest that you talk to several lawyers before you make this critical decision. But please make sure that our law firm is on your list. Unlike most attorneys who advertise as DUI lawyers, The Chestney-Hawkins Law Firm doesn't defend murder, robbery or sex crimes; we don't handle divorces or bankruptcies. We only defend DUI cases (and related charges such as vehicular homicide). Our entire office is geared toward this specialized area of the law. And we don’t advertise in the yellow pages or on television or on billboards. In fact, we get almost all of our business by referral from other lawyers. Simply put, this is because we have an unparalleled reputation among local attorneys for expertise and success when it comes to aggressively defending DUI cases. Each of our lawyers is specially trained and educated in the unique aspects of DUI defense, and devotes almost 100% of his or her practice to this area. Our lawyers are either attending or speaking at DUI defense seminars for other lawyers several times every year. We are the only law firm in Georgia, and one of only two firms in the entire country that has two lawyers who are Board Certified by the National College of DUI Defense. While our offices are conveniently located in the Buckhead area of Atlanta, we defend DUI cases all over the northern half of Georgia. Please give us a call or email today. It doesn’t cost a dime to talk to us. Like most law firms, we offer a free initial consultation. This gives you a chance not only to meet us, but also to discuss your case and get all your questions answered by attorneys who have spent years doing nothing but defending cases like yours. Even if you decide to hire another lawyer or just enter a simple guilty plea, we strongly suggest that you at least contact us to discuss all of your options. You can call us at (404) 816-8221 or send an email to info@atlanta-georgia-dui.com , or fill out this information form . Either way, we’ll get right back to you and we look forward to discussing the particulars of your case and your best strategy for defense. Thank you for taking the time to learn about our specialized law firm. We look forward to being of service and helping you win your case as we have for so many others [ Success Stories ] just like you. Sincerely, Bob Chestney, Esq. Senior Partner January 5, 2004 Atlanta, Georgia Home Recent Supreme Court Victory Success Stories Statistical Results Robert W. Chestney Michael Hawkins Marny J. Heit Meka B. Ward Georgia DUI Lawyer DUI Lawyer in Georgia DUI Attorney in Atlanta DUI Attorney in Georgia DUI Lawyer in Atlanta Atlanta, Georgia DUI Lawyer Georgia Drunk Driving Attorney Atlanta, Georgia DUI Attorney Georgia DUI Defense DUI Lawyer Georgia 10-Day Rule Questions & Answers Chestney-Hawkins in the News Articles Contact Us Resources Sitemap CONGRATULATIONS to our two partners, Bob Chestney and Mike Hawkins, for being the only two lawyers in the entire state of Georgia to be selected by their peers as SuperLawyers in the specialized area of DUI/DWI Defense! Click here to learn more.
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DUI / DWI, Drinking 
