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Time.com People Money Fortune EW CNN NETWORKS: CNN anchors transcripts Turner distribution SITE INFO: help contents search ad info jobs WEB SERVICES: Bush acknowledges 1976 DUI charge From staff and wire reports WEST ALLIS, Wisconsin -- Texas Gov. George W. Bush acknowledged Thursday that in 1976 he was arrested for driving under the influence of alcohol near his parents' home in Kennebunkport, Maine. Republican presidential candidate George W. Bush admits that he was arrested in 1976 for driving under the influence of alcohol near his parents' home in Kennebunkport, Maine ( 433 K/40 sec. AIFF or WAV sound) Bush, who was 30 at the time, pleaded guilty, paid a $150 fine and his driving privileges were temporarily suspended in Maine. Late Thursday evening, following a campaign rally in this tightly contested Midwestern state, Bush--with his wife, Laura, at his side -- told reportersnews accounts of the incident were accurate, that he had been drinking in a barwith Australian tennis pro John Newcombe and others. "I'm not proud of that. I made some mistakes. I occasionally dranktoo much, and I did that night. I learned my lesson." Bush said he was not jailed after the arrest. "I told the guy (the arresting officer) I had been drinking, what do I need to do? He said, 'here's the fine.' I paid the fine." Bush said the timing of the initial news report, just days beforeAmericans elect a new president, was "interesting." When asked where the storymay have originated, he said, "I've got my suspicions." Campaign aides of Democratic presidential candidate Al Gore andofficials with the Democratic National Committee both said they first learnedof the arrest from news reports Thursday and said it would be inappropriate tocomment on the matter. Gore spokesman Chris Lehane said the vice president learned of thestory while flying from Chicago to a campaign event in El Paso, Texas. Kevin Kelly, news director of WPXT, a Fox television affiliate stationin Portland, Maine, said his station broke the story after one of its reporterslearned of the arrest while covering an unrelated matter at the localcourthouse. "Somebody made a reference to it," Kelly said. The reporter followed upwith phone calls, including one to the Maine Department of Secretary of State. Kellysaid the department responded with a fax that detailed the 1976 arrest. Kellysaid the reporter also talked to the arresting officer, who verified theincident. Kennebunkport Police told CNN on Thursday night that the charge against Bush -- operating under the influence of intoxicating liquor -- was a Class D misdemeanor. Karen Hughes, Bush's spokeswomen said the 54-year-old Texas governor, who has been open about his past drinking problems, had not publicly disclosed the arrest because not even his 18-year-old twin daughters were aware of it. He has said he gave up drinking the day after his 40th birthday. At a campaign appearance Tuesday at a charity center in San Jose,California, that helps people deal with addictions, Bush said, "I was able to sharewith some of the men and women here that I quit drinking in 1986 and haven'thad a drop since then. "And it wasn't because of a government program, by the way -- in myparticular case, because I had a higher call." Hughes told reporters that on the night of the arrest, Bush had beenat a bar in Kennebunkport with three friends and his sister, Dora. After heleft, she said, he was pulled over by police about a mile away from hisparents' home -- apparently because he was driving so slowly. Hughes said Bush now believes drinking and driving is wrong and hasacknowledged, as he did at the time, that what he did that night was a mistake. Hughes said she has known about the incident for a while but Bush'sdaughters found out Thursday evening. Hughes noted that Bush has admitted to past irresponsible behavior which he does not consider a good example to set for children. "The timing of an announcement like this, four or five days away fromthe election about an incident 24 years ago, which the governor's daughtersdon't even know about, is certainly questionable," Hughes said. CNN Correspondent Candy Crowley and contributed to this report. ELECTION LINKS: Full Results VIDEO Election Battle Speeches/ads Video Search Rep. Convention Dem. Convention States: Key Facts Poll Archive Bush/Gore on the issues Pres.Bios What's at Stake Electoral Battle Map Battleground States Follow the Money Who Was In and Who Was Out Debate History Election Battle Facts Florida Who's Who Europe's view Chat transcripts VIDEO U.S. presidential candidate George Bush comments on his 1976 DUI arrest Play video (QuickTime, Real or Windows Media) Bush Spokesperson Karen Hughes admits Bush was arrested on a DUI charge in 1976 Play video (QuickTime, Real or Windows Media) AUDIO Listen to Bush's spokeswoman Karen Hughes discuss the 1976 DUI arrest 340K/32 sec. AIFF or WAV sound THE STATES Who are your elected officials? What is the past presidential vote and number of electoral votes in your state? What are the presidential primary results and exit polls? Find out with these state political and election facts . WHAT'S AT STAKE What's at stake in Election 2000 Senate Overview House Overview Governors Overview Top races for governor Top Senate races Top House races VIDEO Latest video Speeches/ads Celebrities Search BIOGRAPHIES Read biographies of the major presidential and vice presidential candidates. WHERE THEY STAND See where George W. Bush and Al Gore stand on the major issues . RACES If you need to know who's up in 2000 and what seats are open, launch this quick guide . BATTLEGROUNDS Take a look at our interactive map and background briefing on the 'battleground states' -- the states in play for the 2000 presidential election. ELECTORAL MAP View our interactive popup of CNN's electoral vote analysis going into the presidential election. POLLS Dig into our poll archives . COMMUNITY Chat Message boards Feedback WEB WHITE AND BLUE Allpolitics.com is a partner in the Web White and Blue rolling cyber-debate , a daily online exchange among the major presidential candidates. Look for twice-daily updates Sunday through Friday until election day. MORE STORIES: Thursday, November 2, 2000 Bush aides acknowledge 1976 DUI charge Gore says Bush endangers economic progress; Bush blasts veep on Medicare Gay Senate candidate an underdog amid Vermont gay union backlash Tracking poll: Bush maintains slight edge Low voter turnout expected on Election Day Bush winning Wall Street Think you're voting for president? Think again Clinton heads west to beat back GOP gains in California House approves funding for Friday, includes presidential transition funds latimes.com: Gore turns down offer by Clinton to visit critical states Bush victory is the bet in U.S. Treasury market In Vermont, the governor's race may be decided in the Legislature Third-party candidates crowding onto ballots NAACP plans U.S. election day broadcasts from polls Battle for US Congress heads toward wild finish Adamses and Bushes, U.S. political families Crucial neck-and-neck House race in Washington Carter endorses Gore, calls him 'man of character' Clinton calls Gore next-best thing to a third term Bush or Gore may name first Hispanic to Supreme Court Chicago City Council passes proposal to recite Pledge of Allegiance Clinton signs two bills to help veterans News organizations ask Clinton to veto classified leaks bill Poll: Gore lead in California cut in half in October ARCHIVES Search CNN.com CNNSI.com CNNmoney.com TIME.com -- The Web Back to the top © 2001 Cable News Network. 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Drunk Driving Defense? Texas Drunk Driving Defense Find a DWI DUI Drunk Driving Lawyer in your state. Sponsor Attorneys Ken Gibson -Austin Joseph LaBella -Conroe Chris Hoover -Plano ChrisSamuelson -Houston ChrisSamuelson -League City HaroldDanford -Kerrville Stephen Hamilton -Lubbock Neal Calfas -SanAntonio Were You Really Drunk When You Were Arrested? Even though you've been arrested for DWI, you don't have to let itruin your life. You may not realize it yet, but if you are thinkingabout simply going to court and pleading guilty to your DWI charge youmay be cheating yourself. You see, a qualified attorney can reviewthe case for defects, suppress evidence, compel discovery of suchthings as calibration and maintenance records for the breath machine,have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial. To find outwhat you need to know about your DWI arrest I've developed a websiteto give you a wealth of useful information . . . information which willshow you how you may be able to save your license and your freedom . .. and possibly avoid fines, fees, and sharply increased car insurancecosts of as much as $6,800. For the most part, my easy-to-navigatesite has information on it which you can't get anywhere else unless youare willing to do a great deal of legal research. When you're on mysite, you'll also learn how you can get a free, no-obligationconsultation where I'll review your case and show you how I may be ableto save your license and your freedom. Texas DWI Drunk DrivingDefense Information Search for Texas DWIAttorneys by County. Attorney Offices by Municipality Search for Representation by County Abilene Addison Alice Gary Scoggins:Traffic citations can have serious negative consequences forboth your driver's license and insurance rates. Speaking to anexperienced attorney can help you minimize, and ofteneliminate, the adverse effects of a traffic citation. Alvin: Steve Gonzalez : I was arrested for DWI. How soon do I need to meet with a lawyer? DominicMerino :If I am arrested for a DUI, will I lose my license? Yes, the lawenforcement officer will seize your license if you are arrested for DUIwith an unlawful BAC or after you refused to submit to a chemical orphysical test. Your license will be seized, and the officer will issueyou a traffic ticket, which acts as both a temporary driver`s licenseand as your notice of suspension. Amarillo: Vaavia Edwards : You should consult an attorney for individual advice regarding your own situation. Mike Watkins : It is not illegal to drink and drive in Texas. It is illegal to drive while intoxicated. There is a difference If you have been arrested for DWI, you need to contact an attorney quickly. There is a 15 day period, from date of arrest, in which we can try to save your right to drive. Also, a conviction for DWI carries additional penalties with the state that could cost you thousands of dollars that the prosecutor may not tell you about. Don't just plea bargain because they offer you probation . . . Quackenbush Law Office:All persons who drive with Texas licenses have already conditionallyagreed, after their arrest, to take either a breath or blood test uponbeing properly requested to do so by a police officer. This consentarises when a person has drives in a public place. e.g. roads,highways, beaches, parking garages and other places where the public ora substantial part of the public may gain access. There is no deemedconsent for a urine test. Angleton Arlington Austin Beaumont Bedford David Cook :DUI / DWI - Driving under the influence of alcohol (DUI) or drivingwhile intoxicated (DWI) is an increasingly common social problem intoday's world. Throughout Texas and in all other jurisdictionsacross the United States, it is considered a serious offense andcan lead to severe criminal penalties, including heavy fines, lossof driving privileges, and incarceration. The authorities in manystates are currently cracking down on DUI offenses by reducing theblood alcohol content level at which a person can legally operate amotor vehicle. However, knowledgeable legal counsel can help youavoid hefty fines, license suspensions, or large insuranceincreases. Belton JamesKreimeyer :The charge of Driving While Intoxicated (DWI) is a serious offense.First time offenders face lasting effects upon their driver's license,driving record and insurance rates. Repeat offenders can face jail timestretching from 30 days to up to a ten year penitentiary sentence. K. G.Tucker :DWI is a crime of opinion - the police officer's. It is NOT against thelaw to drink & drive. It is against the law to drive if you areintoxicated. Brownsville Bryan Clerburne, CollegeStation, Conroe, Corpus Christi Dallas Decatur Smith & Green :There are two separate procedures that are going on. One is thecriminal case for DWI that will be referred to the County Attorney'soffice. (If you had two prior convictions for DWI, the case becomes afelony and would be referred to the District Attorney's office.) Firsttime DWI is a Class B misdemeanor and carries with it a range ofpunishment up to 180 days in the Wise County Jail and up to a $2,000fine. The second procedure that is ongoing involves your driver'slicense. Make no mistake about it: if you do nothing your license willbe suspended by DPS if you refused to take a breath test or if you tookthe test and failed it. This suspension normally takes place on the40th day after your arrest. Deer Park R.T. Willis : The penalties for driving while intoxicated in Texas have never been more severe then they are now. For example, DWI is the only misdemeanor criminal offense for which you cannot receive deferred adjudication. New laws now require that if your license is suspended for DWI, you will be required to pay a minimum of $1,000 per year for three years just to keep your license. There are other new laws imposing more stringent penalties for DWI convictions. Dennis Slate :What happens if the police did not read me my rights when they arrestedme? The police are not required to read you your rights unless theywant to talk to you once you are in custody. Everyone has heard of the"Miranda Rights." This phrase comes from the case of Miranda v.Arizona, where the United Supreme Court stated that before a lawenforcement officer can question a person who is in custody, they musttell them their rights. From this case came the paragraph everyonehears on television and in the movies: "you have the right to remainsilent; anything you say can and will be used against you at yourtrial; you have the right to a lawyer; if you cannot afford a lawyer,one will be appointed; you have the right to terminate the interview atany time; do you understand your rights?" The case of Miranda v.Arizona dealt with confessions and not arrests. So, it is not necessaryfor the police to read you your rights at the time of arrest. That isjust something that can, and often does, happen. However, it is not aprerequisite for a lawful arrest. Dale Paschall :The most common misdemeanor charge in the state of Texas is the Class Bmisdemeanor driving while intoxicated. Denton El Paso Edinburg Fabian Guerrero : When a court has ruled that HGN is a scientific test requiring expert testimony, there are two common standards that govern how a prosecutor should lay foundation for HGN evidence. Depending on the state, the prosecutor will be required to meet either the Frye standard for the admissibility of scientific evidence, or the Daubert/Federal Rule of Evidence 702 standard (or a combination of both standards). Under the Frye standard, followed in approximately16 states, the prosecutor must prove that the HGN test is "generally accepted" in the relevant scientific community in order to lay the foundation for the admission of HGN evidence. Under the Daubert/Federal Rule of Evidence 702 standard, also followed in approximately 16 states, an expert may give opinion testimony on HGN evidence only if three conditions are satisfied:1. Testimony is based on sufficient facts or data;2. Testimony is the product of reliable principles and methods; and3. The witness has applied the principles and methods reliably to the facts of the case.Other states have adopted their own standards for the admissibility of scientific evidence such as HGN, and others have not addressed the issue of admissibility at all. Fair Oaks Ranch James Mitchell:DWI and DUI charges are an increasingly common social problem intoday's world. Throughout Texas and in all other U. S.jurisdictions, it is considered a serious offense and can lead tosevere criminal penalties, including heavy fines, loss of drivingprivileges, and incarceration. The authorities in many states arecurrently cracking down on DUI offenses by reducing the bloodalcohol content level at which a person can legally operate a motorvehicle. However, knowledgeable legal counsel can help you avoidhefty fines, license suspensions, or large insurance increases. Floresville Andres Cedillos:The Double Jeopardy Clause of the Fifth Amendment, which generallyprohibits the government from putting any person "in jeopardy oflife or limb" for the same offense twice, does not bar successivetrials for the same offense by "separate sovereigns." Flower Mound Leesa Logan : DUI / DWI cases are very time sensitive. In Texas, an individual charged with Driving under the Influence or Driving While Intoxicated has 15 days to file for an administrative hearing. If the 15 day time limit expires, you will lose your license and all driving privileges. Drunk driving also carries other significant consequences, including: A permanent offense on your criminal record Increased insurance rates Possible jail or prison time Alcohol treatment classes Probation Possible job loss or difficulties finding a job With this is mind, it is important that you seek the advice and experience of a DUI / DWI lawyer. Fort Bend Anthony Segura :A person commits an offense if the person is intoxicated whileoperating a motor vehicle in a public place.Intoxicated means: a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or b) having an alcohol concentration of 0.08 or more.Alcohol concentration means the number of grams of alcohol per: a) 210 liters of breath; b) 100 milliliters of blood; or c) 67 milliliters of urine. Fort Worth Friendswood, Galveston, Georgetown, Gonzales, Grand Prairie, Hallettsville, Heath Houston A-B C-I J-R S T-Z Hurst, Irving, Kileen, Kingsville, Kingwood, League City, Lewisville Longview Lubbock Lufkin Flournoy & Deaton: Many states have enacted statutes that grant non-law enforcement citizens the right to detain others if the citizen knows that the detained individual is engaged in the commission of a crime. This detainment is frequently referred to as a "citizen's arrest." These statutes usually set forth specific guidelines regarding the circumstances under which a person may place another under citizen's arrest. Even states without specific statutes, such as Florida, often allow average citizens the right to arrest others, based on general principles of law. Manor JamieBalgia : 10 Ways ToDiscredit Field Sobriety Tests Field Sobriety Tests Are NotScientific The Officer Was Not Properly Trained The Officer Did Not UseStandardized NHTSA Tests The Officer Did Not Properly Instruct You OnHow To Perform Tests The Officer Did Not Use Objective StandardizedScoring Criteria The Officer Had You Perform The Tests Under ImproperConditions Your Age Or Weight Make You An Improper Candidate ForTests YouHave A Physical Disability That Makes You An Improper Candidate ForThese Tests You Have A Psychological Condition That Makes You AnImproper Candidate For The Tests The Officer Lied About YourPerformance On The Tests McAllen Della Perez:The Texas Legislature recently passed laws that will take effect9/1/01. Some of the answers here will be different, depending upon thedate of arrest. Italics indicate the new laws.Administrative License Suspension, or ALR, is what he was talkingabout, but not all arrests end with suspended license. In most cases, a"Notice of Suspension" is served immediately after the test is failedor refused. Beginning 9/1/01, the arresting officer will literally takeyour driver's license from you on the spot after failing a breath test;refusing a breath or blood test will lead to the same result. Theofficer is required to give you a temporary license while you wait forthe actual suspension or the ALR hearing on whether your license shouldbe suspended.The accused will automatically have his license suspended UNLESS ahearing request is received by DPS within 15 calendar days of theaccused receiving his notice of suspension. There are limitedcircumstances that allow a filing on the next business day after thefifteenth day. I recommend that you request the hearing; if there isany chance it will be permitted.Making a proper and timely request will entitle you to a hearing onwhether your license should be suspended. That hearing will beconducted by the State Office of Administrative Hearings (SOAH),supposedly within six weeks of arrest.ALR hearings involve many different laws, such as transportation code,government code, criminal law, rules of evidence, rules of procedure,SOAH rules, and DPS rules. This is another reason it is important tocontact a qualified lawyer as soon as possible. DO NOT DELAY.*All answers are for people 21 years or older, do not involveenhancements, are not exclusive, and are limited to Texas. McKinney Mesquite, MountPleasant, Nacogdoches, New Braunfels, Odessa, Pearland Plano Richardson Deandra Grant : Before juries begin the deliberation process, courts provide instructions regarding applicable law or procedure. In criminal trials, courts generally instruct jurors regarding the phrase "beyond a reasonable doubt." This instruction is given primarily because the Constitution has been interpreted to require that each element of a crime be proven "beyond a reasonable doubt." Although this phrase is well known and used in courts across the nation, many courts have adopted accompanying language that varies the overall meaning. Such modifications are considered proper so long as the constitutional protections afforded criminal defendants are satisfied. Richmond Mohr & Associates:All DWI cases also involve an automatic suspension of the driverslicense for a period of time that varies depending upon the level ofoffense. These suspensions are not negotiable. A conviction oracceptance of a plea bargain will start the suspension. Additionally, arefusal to take a breath test will also bring a suspension. Thesuspensions are temporary. Discuss the case with your lawyer todetermine exactly what range of time you are faced with suspension. Larry McDougal :In Texas the charge of DWI, Driving While Intoxicated, has become essentiallytwo separate and distinct issues, that are both criminal and civil in nature.Upon your being charged with DWI, the Texas Department of Public Safety willbegin proceedings to revoke your drivers license as provided by law. This is inaddition to the criminal charge. You have a very limited window (fifteen days)of opportunity to challenge these administrative revocation proceedings.The criminal proceeding is the other prong of the issues arising from yourarrest. Rockwall David Couch : Driving under the influence (DUI) or driving while impaired (DWI) does not just relate to a driver that has consumed alcohol. It is possible to be convicted of DUI or DWI when the driver has consumed a drug, whether a legal or illegal drug, and whether prescribed or not. MichaelGoodman:Facing a criminal charge, and the possibility of losing your freedom,is a frightening and frustrating experience. Whether you are chargedwith a misdemeanor, such as drunk driving (DUI), or a more seriousfelony, a conviction could result in large fines, loss of yourproperty, and jail or prison time. The governments attorneys will workhard to convict you. You need an experienced criminal attorney thatwill work hard to defend you. Pruitt Enterprises:DWI laws are necessary, h owever it is equally as important that wefirst and foremost protect the rights of the citizen. All too often thecitizen's rights are overlooked in the overzealous politics and fervorof the DWI. Rosenberg Becerra, Colgin, & Perwin " Being accused of a crime and having a government attorney prosecuting you is often a difficult and troubling situation. Therefore, it is important to make sure that you have a competent attorney looking out for you if you are in this situation. San Antonio San Marcos, SeaBrook, Sherman, Snyder, South Padre Island, Spring, Stafford, Stephensville, SugarLand, Sulphur Springs, Temple, Texarkana Texas City Tyler Waco Waxahachie Joseph Gallo :In order to mount such a defense, it is important to have theresources necessary to match those put forward by the government. Weatherford West Columbia, Wimberly, Woodlands RETURN TO DRUNK DRIVING DEFENSE
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DUII Attorneys Document Preparation DUII Attorneys & DUII Lawyers - DUII Defense (Driving Under the Influence of an Intoxicant) Home About LawInfo Contact us Site Map Legal Headlines Document Preparation Consumer Resources Business Resources Attorney Programs Legal Experts -- DUII Attorneys Document Preparation Legal FAQs FAQs en Español Canadian FAQs Legal News Legal Forms Center Canadian Forms Legal Audio Guides Financial Calculators Legal Discussion Boards Legal Dictionary Helpful Law Tips Media Partners Home > Drunk Driving Defense > DUII -- Drunk Driving Defense Attorney Search Enter your area code, or search for a lawyer by city and state. - OR - State AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY CAN PR UK OT DUII Attorneys What is DUII? DUII or Driving Under the Influence of an Intoxicant is a term unique to the state of Oregon. Similar to other drunk driving offenses, a person is guilty of DUII when he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. DUII and other offenses involving the operation of a vehicle while intoxicated are criminal law matters, which could potentially incur a felony conviction and possibly a prison sentence, depending on how serious the charges are. Whether you are charged with a misdemeanor or felony offense, you should contact a DUII attorney immediately if you are arrested. New "Per Se" Offense Has Been Enacted In recent years, all 50 states and the District of Columbia have enacted a second, "per se", offense: driving with an excessive blood-alcohol concentration (typically .08%). BOTH offenses are charged, and you can even be convicted of both. DMV Administrative Actions In addition to the criminal DUII charges brought, your state's department of motor vehicles can also take a variety of administrative actions against you whether or not you are actually convicted. Please refer to drunk driving defense form more information about this and other criminal charges that may be brought. Should I hire a DUII Attorney? Because DUII laws are so complex, you not only need to hire a DUII Attorney , but one who specifically specializes in DUII defense. DUII lawyers know that some of the enforcement and judicial procedures are unconstitutional and violate motorists' rights. They are more well versed with the different sobriety tests and their varying accuracy levels. Don't give up your rights. Contact an experienced DUII lawyer who understands your particular needs and situation. To begin your search, select a DUII attorney. Alabama DUI Lawyers Alaska DUI Lawyers Arizona DUI Lawyers Arkansas DUI Lawyers California DUI Lawyers Colorado DUI Lawyers Connecticut DUI Lawyers Delaware DUI Lawyers Washington DC DUI Lawyers Florida DUI Lawyers Georgia DUI Lawyers Hawaii DUI Lawyers Idaho DUI Lawyers Illinois DUI Lawyers Indiana DUI Lawyers Iowa DUI Lawyers Kansas DUI Lawyers Kentucky DUI Lawyers Louisiana DUI Lawyers Maine DUI Lawyers Maryland DUI Lawyers Massachusetts DUI Lawyers Michigan DUI Lawyers Minnesota DUI Lawyers Mississippi DUI Lawyers Missouri DUI Lawyers Montana DUI Lawyers Nebraska DUI Lawyers Nevada DUI Lawyers New Hampshire DUI Lawyers New Jersey DUI Lawyers New Mexico DUI Lawyers New York DUI Lawyers North Carolina DUI Lawyers North Dakota DUI Lawyers Ohio DUI Lawyers Oklahoma DUI Lawyers Oregon DUI Lawyers Pennsylvania DUI Lawyers Rhode Island DUI Lawyers South Carolina DUI Lawyers South Dakota DUI Lawyers Tennessee DUI Lawyers Texas DUI Lawyers Utah DUI Lawyers Vermont DUI Lawyers Virginia DUI Lawyers Washington DUI Lawyers West Virginia DUI Lawyers Wisconsin DUI Lawyers Wyoming DUI Lawyers Puerto Rico DUI Lawyers DUBAL | DUI | DUII | DUIL | DWAI | DWI | DWUI | OMVI OUI | OUIL | OUIN | OWI | OWVI | UBAL About LawInfo Contact Us Testimonials Careers at LawInfo Media Partners Awards Site Map Disclaimer Privacy Terms & Conditions © 1995 - 2006 LawInfo.com Our Other Websites Help RSS More Law Resources 1 2 3 4 5 6 DUI Attorney Directory
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field sobriety testing. This Kansas DUI Field Sobriety Test Field Sobriety Test To confirm his suspicion that a driver is under the influence of alcohol, a police officer will typically request that the driver submit to field sobriety testing. This request will usually be delivered more like a command, but a person may refuse to submit to field sobriety testing. Field sobriety tests are "psycho physical" tests - "Psycho" as in mental, and "physical" as in coordination. The officer is looking to see whether a person can understand and remember instructions while performing feats of gymnastics. The National Highway Transportation Safety Administration (NHTSA) has approved and validated three field sobriety tests: The Horizontal Gaze Nystagmus Test: This is a test where the officer holds a pen or similar object in front of the subject's eyes to determine whether she can follow it. The officer is also supposed to look for a "jerking" of the eye when the pen is held at a 45 degree angle. If this jerking is present it is supposed to indicate an alcohol concentration of over .10. While many police officers feel that this is the most reliable field test they have in their arsenal, it is not allowed in court unless the prosecutor has an expert witness to testify to its scientific validity. Thus, it is almost never introduced in court. The One Leg Stand Test: This test requires that the subject stand on one leg with his hands down at his sides and count to 30. The officer will look for swaying, raising the hands for balance and the ability to count properly, among other things. This test is difficult for most people to do absent any alcohol whatsoever, and is especially difficult if a person has bad knees or ankles, a bad back, inner ear disorder, or any other physical limitation. The Walk and Turn Test: This test is also called the heel-to-toe test and usually requires that a person walk nine steps heel-to-toe in a straight line, turn around, and walk nine steps back. The officer will look to see whether the subject stumbles, sways, uses his arms for balance, takes too many or too few steps, and how he executes the turn. Again, this test is hard for most people sober or not, and especially when taken on the side of a road with flashing police lights and traffic whizzing by. All of the NHTSA approved tests must be administered exactly as prescribed in the NHTSA Manual or their validity is compromised. Police officers usually have several other field sobriety tests that they administer, although they have not been scientifically proven to be reliable. These include the finger-to-nose test, requiring people to say the alphabet or count backward and forward, and touching their fingers together with their eyes closed. Our law firm has specific ways of dealing with each of these tests and usually files motions to limit their admissibility in the event of a trial. It is extremely important that you inform your attorney of any physical and/or mental injuries, disabilities, or illnesses that you may have. Bad knees, ankles, hips or backs may explain away a lack of balance or coordination on field sobriety tests. People with learning disabilities like Attention Deficit Disorder may have trouble understanding and following an officer's instructions. Allergies, inner ear disorders and sinus problems may also cause imbalance. This is the type of information upon which a successful defense is based. Another test frequently used by law enforcement officers is the Preliminary Breath Test (PBT). This is a little machine that officers carry in their cars. Usually right before the officer makes a DUI arrest, he will have the driver blow into the PBT machine. The PBT will alert an officer as to whether there is alcohol on the driver's breath, and some machines will indicate whether a person is over the limit or not. Police officers are supposed to wait fifteen minutes before administering this test but rarely do. This machine is very unreliable and, in fact, is not admissible in court to prove that a person was driving under the influence. It can only be used as evidence in court if the defendant (the driver) challenges the police officer's decision to arrest him. Failure to take the PBT test is a traffic infraction for which a ticket may be issued and the driver fined (usually $50.00 to $200.00). If the officer finds that a driver did not perform these tests to his satisfaction, the driver will be arrested for DUI. At that point the driver is often handcuffed, searched for weapons and/or contraband, and placed in the officer's car for transportation to the police station for booking and a blood or breath test. Throughout this entire episode, from the point of initial contact until the driver is released, the officer will note the person's attitude and behavior. Combativeness and belligerence are considered signs of intoxication. It always pays to be courteous and polite to a police officer. Go to next document (Implied Consent) Go to DUI Guide table of contents top of page DUI DWI & TRAFFIC LAW Guide to Kansas DUI Law Guide to Missouri DWI Law Kansas Minor in Possesion Drug Recognition and Zero Tolerance Laws Finding a DUI Attorney Outside of Kansas or Missouri Kansas DUI & Missouri DWI Blog New Choosing a Kansas DUI Attorney Choosing a Missouri DWI Lawyer Missouri DUI versus DWI CRIMINAL DEFENSE Misdemeanors & Felonies in State & Municipal Court Federal Criminal Defense DOMESTIC LAW Divorce,Child Custody, Paternity and other Domestic Relations case PERSONAL INJURY Includes Medical Malpractice DOWNLOAD CLIENT QUESTIONNAIRE NOTICE: This web site is for informational purposes only. The law firm of Erker, Norton, Hare & Angles, L.L.C., has offices located in Kansas and Missouri. None of the information contained in the Erker, Norton, Hare & Angles, L.L.C. website should be construed as legal advice and it does not create an attorney-client relationship between the viewer and Erker, Norton, Hare & Angles, L.L.C. absent an express agreement between the law firm and the viewer.The members of our firm have extensive experience as Kansas DUI lawyers and Missouri DWI lawyers. The members of the firm are also well known in the community as Kansas criminal defense attorneys, Missouri criminal defense attorneys and federal criminal defense attorneys. The Guide to Kansas DUI Law and Guide to Missouri DWI Law do not constitute legal advice and may or may not accurately represent the current state of the law on those subjects as laws change frequently. Every legal matter is different and the information in these pages may not be applicable to any one specific case. The viewer should neither take nor refrain from taking any action on the basis of any information on this Web site without first seeking appropriate legal or other professional advice. The receipt of an email from our law firm, even in a response to a specific question, does not create an attorney-client relationship and no email exchange should be considered confidential. All attorneys at Erker, Norton, Hare & Angles, L.L.C. are licensed in the state of Kansas. Attorneys J. Ryan Hare and Christopher J. Angles are licensed in Missouri as well. None of the information in this Web site pertains to any states other than Kansas and Missouri and should not be construed as solicitation of business in those or any other states. Erker, Norton, Hare & Angles, L.L.C. specifically disclaims any warranties of services this Web site may seem to offer. If you are unclear about the terms of this disclaimer, the accuracy of any information on the website, or if you have a Kansas DUI, Missouri DUI, federal, state or municipal criminal charge in Kansas or Missouri, a personal injury case in Kansas or Missouri, or a domestic relations case in Kansas, please feel free to contact our law form for further information. © 2006 Erker, Norton, Hare & Angles, L.L.C . All rights reserved.
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