Field sobriety tests are Field Sobriety If you are charged with a DWI charge hire Attorney & Former Missouri State Trooper vigorously defend you ! Missouri DWI Field sobriety tests are designed to test divided attention. They work off the assumption that a person not under the influence of drugs or alcohol can perform multiple tasks at the same time - that is, they can multi-task, and that an intoxicated person - whether intoxicated by drugs or alcohol - cannot multi-task, but must focus on one task at a time in order to sufficiently perform the task. The problem with many Missouri field sobriety tests given by law enforcement officers is that only three of them have been validated by the National Highway Traffic Safety Administration (NHTSA). Here are the tests most given by police officers: Horizontal Gaze Nystagmus - the officer will ask the driver to follow a pen, finger, or other object from side to side. The officer is looking for a jerking of the eye, smooth pursuit of the finger or object, or a trembling of the eye. The test has a possible six points, with four or more points failing. Walk and turn - the officer will ask the driver to start with his right foot in front of his left, arms to his side as the officer explains the instructions to the driver. The officer will then tell the driver to look at his own feet as he takes nine steps down in a straight line, walking heel-to-toe, counting each step out loud, keeping his hands to his sides. At the end of nine steps the driver is to slowly turn, taking small steps to complete the turn, then return nine steps in the same manner as before. The officer is looking for the driver to use his arms for balance, step off line, begin before the instructions are completed, improperly turn, not touch heel to toe, or other signs of intoxication. The test has a possible nine points, with two or more failing. One leg stand - the driver is asked to stand with their heels together, pointed at a forty-five degree angle, hands at their side, then raise one leg about six inches off the ground, toe pointed outward, and while looking at their toe count aloud until instructed to stop. The officer is looking for the driver to use his arms for balance, hop on one foot, place his foot down, sway, not look at his feet, not count aloud, muscle tremors, or other signs of intoxication. The test has a possible five points, with two or more failing. Finger to nose - the driver is instructed to close his eyes, raise his arms out to his sides, and when instructed to touch the tip of whichever finger the officer tells him to the tip of his nose. The officer is looking for inability to follow instructions, swaying, tremors, or other signs of intoxication. There are no standardized points for this test. Rhomberg balance test - this test challenges the drivers "internal clock". This test assumes that most people can estimate 30 seconds when sober. The driver is instructed to tilt their head backward with their eyes closed. That driver is instructed that when he believes that 30 seconds has passed he is open his eyes and look forward and tell the officer to stop the test. The officer is looking for the driver to stop the test early or late, sway, lose balance, muscle tremors, or other signs of intoxication. There are no standardized points for this test. Alphabet - the driver is instructed to say, not sign, the alphabet start to finish. The officer is looking for confusion, missed letters, slurred speech, the smell of alcoholic beverages coming from the driver when he speaks, and other signs of intoxication. There are no standardized points for this test. Counting - the driver is instructed to slowly count backwards from a given number to another given number. The officer is looking for confusion, missed numbers, slurred speech, the smell of alcoholic beverages coming from the driver when he speaks, the driver not remembering where to stop counting, and other signs of intoxication. There are no standardized points for this test. Portable Breath Test - this is a handheld breath testing device that the driver is instructed to blow into for a certain time period. This is not a point-assessed test. The officer is merely looking for above .08 or below .08. The machine, however, does render an exact BAC reading. The exact number is not admissible in court. An attorney with the understanding and background on these tests can challenge the officer's testimony on how they were administered and what the test results mean. Also, oftentimes police officers administer these tests in such a way as to make the driver believe he must submit to them. In fact, there are no requirements under Missouri law that drivers do so. Submitting to these tests is completely voluntary . Other problems include, some are not validated, all are subjectively interpreted by the officer, they are typically administered on the side of a busy roadway. Roadways have rocks, are uneven, have traffic driving by, and are administered outdoors where weather, lighting, and movement of other objects in the area may be a factor. Additionally, these tests assume that all persons stopped are healthy, active people with "normal" physical abilities. Noteworthy is the fact that the validity of these test is questioned if the administrator of the test is using them to estimate BAC below .10. Proper administration of this test includes giving precise instructions provide in the training materials. For more information on how we challenge Missouri DWI charges , contact us ! Click here to send an email to Missouri DWI Attorney Michael Selby! Click here to learn more about the Law Firm of Selby & Panka, LLC ! 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WHERE DO WE PRACTICE Kansas City, MO Practice areas: 64101 Kansas City, MO, 64102 Kansas City, MO, 64105 Kansas City, MO, 64106 Kansas City, MO, 64108 Kansas City, MO, 64109 Kansas City, MO, 64110 Kansas City, MO, 64111 Kansas City, MO, 64112 Kansas City, MO, 64113 Kansas City, MO, 64114 Kansas City, MO, 64116 Kansas City, MO, 64117 Kansas City, MO, 64118 Kansas City, MO, 64119 Kansas City, MO, 64120 Kansas City, MO, 64123 Kansas City, MO, 64124 Kansas City, MO, 64125 Kansas City, MO, 64126 Kansas City, MO, 64127 Kansas City, MO, 64128 Kansas City, MO, 64129 Kansas City, MO, 64130 Kansas City, MO, 64131 Kansas City, MO, 64132 Kansas City, MO, 64133 Kansas City, MO, 64134 Kansas City, MO, 64136 Kansas City, MO, 64137 Kansas City, MO, 64138 Kansas City, MO, 64139 Kansas City, MO, 64144 Kansas City, MO, 64145 Kansas City, MO, 64146 Kansas City, MO, 64147 Kansas City, MO, 64149 Kansas City, MO, 64150 Kansas City, MO, 64151 Kansas City, MO, 64068 Liberty, MO, 64152 Kansas City, MO, 64153 Kansas City, MO, 64154 Kansas City, MO, 64155 Kansas City, MO, 64156 Kansas City, MO, 64157 Kansas City, MO, 64158 Kansas City, MO, 64160 Kansas City, MO, 64161 Kansas City, MO, 64163 Kansas City, MO, 64164 Kansas City, MO, 64165 Kansas City, MO, 64166 Kansas City, MO, 64167 Kansas City, MO, 64170 Kansas City, MO, 64173 Kansas City, MO, 64180 Kansas City, MO, 64183 Kansas City, MO, 64184 Kansas City, MO, 64185 Kansas City, MO, 64187 Kansas City, MO, 64189 Kansas City, MO, 64192 Kansas City, MO, 64193 Kansas City, MO, 64194 Kansas City, MO, 64197 Kansas City, MO, 64198 Kansas City, MO, 64944 Kansas City, MO, 64999 Kansas City, MO. Clay County, MO Practice areas: 64116 North Kansas City, MO, 64068 Liberty, MO, 64069 Liberty, MO, 64087 Liberty, MO, 64117 Randolph, MO, 64116 Gladstone, MO, 64118 Gladstone, MO, 64119 Gladstone, MO, 64155 Gladstone, MO, 64156 Gladstone, MO, 64166 Gladstone, MO, 64069 Liberty, MO, 64087 Liberty, MO, 64024 Excelsior Springs, MO, 64117 Avondale, MO, 64161 Birmingham, MO, 64119 Claycomo, MO, 64118 Oakview, MO, 64068 Pleasant Valley, MO, 64073 Mosby, MO, 65202 Prathersville, MO, 64072 Missouri City, MO, 64161 Randolph, MO, 64188 Gladstone, MO, 64060 Kearney, MO, 64089 Smithville, MO, 64165 Gladstone, MO, and all Kansas City North, MO locations. Jackson County, MO Practice areas: 64050 Independence, MO, 64052 Independence, MO, 64053 Independence, MO, 64054 Independence, MO, 64055 Independence, MO, 64056 Independence, MO, 64057 Independence, MO, 64058 Independence, MO, 64013 Blue Springs, MO, 64014 Blue Springs, MO, 64015 Blue Springs, MO, 64029 Grain Valley, MO, 64034 Greenwood, MO, 64063 Lake Lotawana, MO, 64086 Lake Lotawana, MO, 64063 Lee's Summit, MO, 64064 Lee's Summit, MO, 64065 Lee's Summit, MO, 64081 Lee's Summit, MO, 64082 Lee's Summit, MO, 64086 Lee's Summit, MO, 64129 Raytown, MO, 64133 Raytown, MO, 64138 Raytown, MO, 64050 Sugar Creek, MO, 64053 Sugar Creek, MO, 64054 Sugar Creek, MO, 64056 Sugar Creek, MO, 64058 Sugar Creek, MO, 64065 Unity Village, MO, 64015 Lake Tapawingo, MO, and all Kansas City, MO locations. Platte County, MO Practice areas: 64079 Platte City, MO, 64163 Ferrelview, MO, 64151 Houston Lake, MO, 64151 Lake Waukomis, MO, 64151 Parkville, MO, 64152 Parkville, MO, 64151 Platte Woods, MO, 64152 Weatherby Lake, MO, 64153 Weatherby Lake, MO. Ray County, MO Practice areas: 64012 Belton, MO, 64701 Harrisonville, MO, 64078 Peculiar, MO, 64080 Pleasant Hill, MO. Lafayette County, MO Practice areas: 64011 Bates City, MO, 64076 Odessa, MO, 64075 Oak Grove, MO. Additionally, we represent persons charged with their third DWI, or a felony DWI, anywhere in the State of Missouri. To visit our firm's main web site please go to www.selbypankalaw.com ! If this site is not performing properly please go to www.stonefitproducts.com ! Home Page | About Us | Search | Site Map | Police Tactics | Legal Disclaimer | DWI FAQ's | Defense Tactics | DWI License Suspensions | Criminal Penalties | Missouri DWI Law | Missouri DWI Caselaw | Driver Errors | Calculate your BAC | Links
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