Field Sobriety Tests given

D.U.I.

DUI Law, DWI Law - Association of qualified drunk driving defense lawyers - www.1800duilaws.com › 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 DUI Attorneys, DWI Lawyers, OWI Attorneys, OUI Lawyers, DUI, DWI, OUI, OVI, OWI, OUIL, DUII Attorneys, Drunk Driving Lawyers, Drinking and Driving, National Drunk Driving Law Firms, National DUI Law. No matter what they are called, cases involving drinking and driving are different than any other criminal offense. DUI cases are not a "whodunit" , like a robbery or vandalism type case. Drunk driving cases are based on the opinion of a law enforcement officer , and the results of a chemical test where the accuracy is highly suspect. To find an attorney, click on a region of the map or your state link. You will be redirected to a state map page to further help you find a lawyer in your area. DWI is a political crime. Drunk driving involves issues of revenue raising for local, state, and federal government . MADD and other organizations have lobbied heavily for laws that demonize the accused DUI offender. In most states, a drunk driving arrest gives rise to two separate cases: a criminal case where a person's liberty is at stake , and a Department of Motor Vehicles case, where a person's driver's license may be suspended . Drunk driving is unique. In any other area of the law, this would be considered a violation of the double jeopardy clause of the Constitution, which prohibits being punished twice for the same act. Indeed, most DUI and DWI practitioners consider drunk driving law to be the "DUI exception to the Constitution." Drunk driving defense is a highly specialized area. There are certain DUI defense lawyers around the country that have dedicated themselves to this area of the law. This website allows citizens to find a qualified drunk driving defense lawyer in their area, as well as find resources to answer questions that arise in the face of a drunk driving arrest. If you or someone you care about has been arrested for DUI, DWI, or drunk driving, please call 1.800.DUI.LAWS or 1.800.DWI.LAWS to find a lawyer near you. DUI and DWI laws have changed in recent years - legal limits have been lowered and punishment increased. With the "carrot and the stick" of federal highway funds hanging in the balance, the legal limit has dropped from .15 to .10 to .08. Drunk driving lawyers anticipate that .05 will soon be upon us, and the possibility of zero tolerance looms large. DUI punishment has increased, with mandatory jail for those convicted of drunk driving or a related DWI offense , increased fines, increased car insurance , loss of driver's license , mandatory alcohol schools , mandatory attendance at AA meetings, community service, ignition interlock devices and more. Some states are requiring those convicted of drunk driving to affix a special license plate or bumper sticker to their cars, to alert the world that they have been convicted of DUI, DWI, or a drunk driving offense. Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem. Contact a DUI LAWS lawyer near you for a free consultation . | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

DUI Attorney Riverside DUI Lawyer San Bernardino DUI Law firm Orange County DUI Attorney Los Angeles | Thomas Wallin Law Offices | Have you been accused of a DUI in California? The following are just some of the Field Sobriety Tests given by officers investigating DUI cases throughout southern California as well as information on their accuracy. Horizontal Gaze Divided Attention Testing Accuracy Alternative Testing Voluntary Nature of FST Alcohol Screening Tests For a DUI in California, Field Sobriety Tests are generally used to determine if a person has been driving while intoxicated, and whether or not there is probable cause to arrest the driver for DUI. Most drivers and surprisingly police officers are not aware that there are only three recognized field sobriety tests. The Standardized Field Sobriety Test (SFST) is a battery of three tests used to detect indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. The three tests of the SFST are: The horizontal gaze nystagmus (HGN) The walk-and-turn The one-leg stand These tests are administered systematically and are evaluated according to measured responses of the suspect. HGN Testing Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object, often a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants. Divided Attention Testing: The walk-and-turn test and one-leg stand test are “divided attention” tests that are supposed to be easily performed by most sober people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. If instructed properly by the officer, In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. Testing Accuracy: The NHTSA manual says that if the FST tests are not performed properly, or if conducted without adhering to the training protocols, such actions “compromise” the validity of these evaluations. The HGN evaluation, when performed correctly on proper subjects, had a 77% “claimed” reliability rating. The Walk-and-Turn exercise, when conducted properly on a qualified subject on a dry, level surface, was found to be 68% reliable. The One-Leg-Stand exercise, when conducted properly, on a qualified subject on a level, dry surface and under proper instructions and where correctly demonstrated and scored, reportedly yields about 65% reliability. Cumulatively, if all are done correctly, up to 83% correlation to a BAC of 0.10% or more may be expected. Knowledgeable DUI criminal defense lawyers know that 95% or more of the officers administering these evaluations do them wrong, or conduct them in a manner (or on a test subject) not approved by the SFST manual, or grade the evaluations improperly, as per the manual, or ALL OF THE ABOVE. When done incorrectly, these evaluations have ZERO predicted reliability. Alternative Testing Methods: Sometimes, an officer will encounter a disabled driver who cannot perform the SFST. In such cases, some other battery of tests such as counting aloud, reciting the alphabet, or finger dexterity tests may be administered. Tests given by some officers may include reciting the alphabet (or a portion thereof), picking up coins off the ground, patting or hand clapping, estimating time, counting backwards, reciting the alphabet, touching fingers to the thumb in a pattern set by the officer, or touching index fingers to the tip of the nose while the person’s eyes were closed and head tilted back. Some “non-standardized” tests are so ridiculous and difficult that proof of non-validity was easy with almost any jury or judge. Today, officers who lack NHTSA training invariably cannot cite any studies or scientific research which “validated” their tests, the scoring (e.g., “pass” or “fail”) or their testing methods. Almost always, no scoring system is used on tests which do not adhere to NHTSA guidelines. If non-standardized tests are used, the number of errors that are required for a subject to fail is totally subjective with each officer. Hence, the untrained officer is usually an easy target for a skilled and knowledgeable DUI criminal defense attorney who knows the “limitations” of these field tests. The Voluntary Nature of FST Tests: These voluntary “tests” (meaning you are in no way required to, and in most instances because of the officers lack of skill and training such tests can hurt you even though you may not be impaired as you will see below) are developed by NHTSA and implemented by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks. Almost EVERY knowledgeable DUI / DWI attorney will say to you, “NO. Don’t attempt ANY ‘field tests’ — EVER.” That is because many studies have concluded that the SFSTs are “designed to fail” even sober drivers. A motorist's alleged poor performance on field evaluations may provide the “probable cause” (legal justification) an officer needs to arrest a person for impaired driving and may also become part of the proof used to later convict the person at trial. Therefore, it is very important that, in defending you, your DUI defense attorney know as much or more about these tests as the police, if he or she is going to defend you. DUI defense counsel usually challenges the subjective nature of the evaluations, the accuracy of the principles behind the tests, the accuracy of the administration of the tests, the credibility of the officer who “requested” the tests, and challenge all circumstances connected with the evaluations. An attorney representing you must attack the factual and legal issues that may arise regarding the officer's scoring and evaluation of the field tests. The reason that most credible scientists across America (and in other countries) are unwilling to categorize field tests — even NHTSA's tests — as being “scientific” is that too many variables are involved in roadside testing to ever eliminate pure chance and non-controlled circumstances from the equation (e.g., environmental conditions such as lighting and roadway slope). Even NHTSA admits that under optimal conditions (i.e., in an air-conditioned, well lighted room) 35% of sober, drug-free subjects get inaccurate results on the one leg stand test, 32% of sober subjects get flawed results on the walk and turn, and 23% of sober subjects are inaccurately said to be “over the legal limit” on the horizontal gaze nystagmus test. By comparison, polygraph (lie detector) tests are more than 90% accurate when conducted by a qualified operator), and (absent a stipulation by both parties) are still not permitted into evidence by most courts. Roadside Alcohol Screening Tests: A portable breath testing device or PAS may be used by police officers in determining whether or not a motorist is under the influence of alcohol. California had previously banned the use of these voluntary “non-evidential” screening devices for use at trial, but allows it at a pre-trial hearing at which “probable cause” for arrest is involved. Like other “field tests”, these devices are used at the roadway. Often, police officers do not regularly check the devices for calibration. Furthermore, the manufacturer’s instructions (e.g., failing to observe a 15 minute deprivation period, waiting at least 4 minutes between tests, or clearing the prior test results) for proper use are routinely ignored. California’s Administrative Code, Title 17, contains all the information necessary for what constitutes a valid blood or breath test. Some police agencies try to use these roadside testers as evidential tests. This is accomplished when a small printer is attached to the breath test apparatus. Unless your jurisdiction uses such a device as an official state-mandated breath test, no person should ever submit to these devices and risk a false positive result and almost certain arrest. Politely decline to give this voluntary sample, although be aware that refusal of an official breath or blood test later can be considered a refusal, triggering a license revocation. To learn more about Field Sobriety Tests and DUI defense contact Mr. Wallin, an experienced DUI attorney toll free at 1-866-857-5900 ©2005 Thomas Wallin Law Offices Designed by Scorpion Design

Dui Hua Foundation was

Welcome to Dui Hua The Dui Hua Foundation (dui hua means dialogue in Chinese), incorporated in April 1999, is a non-profit organization dedicated to improving human rights by means of a well-informed dialogue conducted between the United States and China. John Kamm, founder and chairman of the foundation, was an early advocate of corporate responsibility and has intervened on behalf of many Chinese political detainees. He received the Department of Commerces first Best Global Practices Award in 1997 from President Bill Clinton, and was given the 2001 Eleanor Roosevelt Award for Human Rights by President George W. Bush for his efforts to engage the Chinese government in a results-oriented dialogue on human rights. On September 28, 2004, Kamm was awarded with a MacArthur Fellowship . The award, also known as the genius award, is given to those who develop original ways to make a difference in todays world. This is the first time the fellowship is granted to a businessman. In February 2005, The Dui Hua Foundation was granted special consultative status by the Economic and Social Council of the United Nations. It is to date the only independent overseas organization focused on questions of human rights in China to have received such status. What's New Dui Hua welcomes the release of Jiang Weiping. Click here for the statement >> Dui Hua has published a new issue of its quarterly newsletter, Dialogue . Click here to request a copy. Executive Director John Kamm invited to attend Chinese trials. Click here for his statement. On October 27, 2005 Executive Director Kamm spoke to the American Chamber of Commerce in Hong Kong on: US-China Relations: The Road Traveled, the Road Ahead. In the afternoon he addressed the Asia Society on Human Rights in China: Where Things Stand. More Dui Hua outreach events >> In the Current Issue of Dialogue The Commission on Human Rights: Another Round in 2006? China Invites UN Special Rapporteur on Torture: Is Visit to Guantnamo Bay Next? Special Rapporteur Raises Abuse Cases with China, US Articles about Dui Hua A List Aids Chinas Political Prisoners by Robert Marquand, The Christian Science Monitor , November 21, 2005 "Profile: Ex-American businessman lobbies for China's political prisoners" by Terence Chea, Associated Press , August 28, 2005. Chinas Hidden Heroes by John Kamm, The Washington Post , July 4, 2003 John Kamm's Third Way by Tina Rosenberg, The New York Times Sunday Magazine, March 3, 2002 Read Our Privacy Statement The Dui Hua Foundation, 450 Sutter Street, Suite 900, San Francisco, CA 94108, U.S.A.

DUI Lawyer

New York DUI/DWI Lawyers - AttorneyPages.com DUI/DWI Lawyer Directory for New York DUI/DWI Lawyers in New York View all DUI/DWI Lawyers Search for Premier DUI/DWI Attorneys Search by State: AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MH MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA PR RI SC SD TN TX VI UT VT VA WA WV WI WY -------- or --------- Search within: 25 Miles 50 Miles 125 Miles All From Zip Code: Additional Resources How a criminal lawyer can help DUI/DWI Law (Drunk Driving) FAQs State-by-state DMV Information State laws on Drunk Driving MADD Impaired Driving Facts Alcoholics Anonymous Drunk Driving State Statisics Home -> DUI/DWI -> New York SEARCH BY COUNTY - Select a County for New York DUI/DWI Lawyers in your area Albany County Bronx County Broome County Cattaraugus County Chemung County Chenango County Cortland County Dutchess County Erie County Greene County Jefferson County Kings County Madison County Monroe County Nassau County New York County Niagara County Oneida County Onondaga County Ontario County Orange County Oswego County Queens County Rensselaer County Richmond County Rockland County Saratoga County Schenectady County Seneca County Steuben County Suffolk County Tompkins County Ulster County Wayne County Westchester County SEARCH BY CITY - Select a city for New York DUI/DWI lawyers in your area Akron Albany Amityville Ballston Spa Binghamton Bronx Brooklyn Buffalo Cairo Campbell Hall Canandaigua Central Islip Commack Cortland Cortlandt Manor East Meadow Elmira Fishkill Forest Hills Garden City Garnerville Goshen Great Neck Hammondsport Hempstead Hicksville Hornell Islandia Kew Gardens Kingston Levittown Melville Mineola Mount Kisco New Windsor New York North Tonawanda Patchogue Remsenburg Richmond Hill Rochester Roslyn Salamanca Saugerties Schenectady Smithtown Southampton Spring Valley Staten Island Sunnyside Syracuse Tarrytown Uniondale Utica White Plains Yorktown Heights New York Lawyers in related fields Criminal Defense Military Law Are you a Lawyer? List on AttorneyPages | Find Expert Witnesses | Find Legal Information / Advice | Legal Forms | About Us | Media AttorneyPages® is not a lawyer referral service and never receives any portion of any attorney's fees.We welcome feedback from visitors but are not responsible for any attorney's advice. Use of AttorneyPages.com is subject to our disclaimer, conditions of use and privacy policy.Use for marketing or solicitation is prohibited. AttorneyPages® , ExpertPages® and FreeAdvice® are trademarks and units of Advice Company ® 1997 to 2006 - All Rights Reserved - For feedback or listing information only, contact us by phone, Fax or Email: 2330 Marinship Way Suite 120, Sausalito, CA 94965, P.O. Box 1739 Sausalito, CA 94966 (415) 331-1212 - Fax (415) 331-4255

Blood Alcohol Content Amendment

Project Vote Smart - Senator Kerry on Blood Alcohol Content Amendment Advanced Search -- Find Your Representative: Enter Last Name of Candidate or Official: Enter Your 9-Digit ZIP Code: xxxxx-xxxx Don't Know Your 9-Digit ZIP? Basic Categories: Biographical Information Campaign Finances Issue Positions (NPAT) Interest Group Ratings Voting Records Public Statements Issues and Legislation: Issue and Interest Group Ratings Issue Organizations CongressTrack: Key Votes Status of Legislation -- Status of Appropriations -- Week at a Glance Recent Votes -- Key Vote Blood Alcohol Content Amendment Bill Number: S 1173 Issue: Transportation Issues Date: 03/04/1998 Amendment: Sen. Lautenberg, Frank R. [NJ]; Original Bill: Sen. Warner, John [VA] -- Sponsor: Amendment: Sen. Lautenberg, Frank R. [NJ]; Original Bill: Sen. Warner, John [VA] Roll Call Number: 0020 Amendment Adopted (Senate) How members voted Senator John Forbes Kerry voted YES . Read statements Senator Kerry made in this general time period. Official Title of Legislation: S AMDT 1682 to S 1173: To provide for a national standard to prohibit the operation of motor vehicles by intoxicated individuals Project Vote Smart's Synopsis: Vote to adopt an amendment requiring states to enact and enforce a standard of 0.08 blood alcohol content (BAC) as the definition of driving while intoxicated, by withholding a portion of funding from those states that do not enforce the new BAC. Senate Amendment Vote: 3/4/1998: Adopted: 62-32. Record Vote Number: 20. Senate Passage Vote: 4/2/1998: No vote taken. Last Updated: 7/11/2005 For further status information, call the Voter's Research Hotline at 1-888-VOTE-SMART (1-888-868-3762). Click Here Click Here --For Full Text of Legislation Click Here Contact Us | About Us | E-mail this page to a Friend | Printer-Friendly Version All content © 2002-2004 Project Vote Smart Project Vote Smart One Common Ground, Philipsburg, MT 59858, 406-859-8683 Questions? Need help? Call our Voter's Research Hotline toll-free 1-888-VOTE-SMART (1-888-868-3762). Legislative Demographic Data provided by Legislative Demographic Services, Inc.