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NMA's views on DWI DWI: Are We Going in the Right Direction? A compendium of studies related to the enforcement of drunk driving laws was recentlypublished by UCLA's Alcohol Information Service. Contributors included scholars from theUnited States, Canada, and Sweden. A wide range of topics including testing procedures, enforcement judgement and discretion,police tactics, and legal challenges were discussed. There are certain compelling themes thatfollow through most of these pages. For the most part, alcohol caused traffic accidents involve drivers with fairly high bloodalcohol contents (B.A.C.'s), i.e. greater than .15%. Contrastingly, there is incessant pressure tolower legal B.A.C.'s. The current campaign in most of the country is to drop the B.A.C. to .08%(12 states have already done this). This is to be followed by further efforts to reduce the legalB.A.C. to 05%. For some groups, the ultimate goal is .00%, not only for driving a motor vehicle,but as a standard for responsible social conduct. The US Government endorses this by increasing highway funding for those states that have .08% B.A.C. limits. Blood alcohol content has taken on far greater importance than behavioral or physical impairment. In fact, the ability to drive safely and skillfully has virtually no bearing in a modernday D.W.I. case. For all practical purposes, the B.A.C. is the first and last word determiningguilt. Herein lies the problem for the police and courts. Under the old B.A.C. standards, typically.15%, there was a strong correlation between what was accepted as drunk driving and the legalB.A.C. threshold. Keep in mind that persons can and always could be arrested for drunk driving,virtually regardless of B.A.C. levels, based on their driving performance. With B.A.C.'s of .05%, .08%, or even in many instances, .10%, this correlation is either non-existent or very difficult to detect. This layers on a whole new set of problems for law enforcement personnel and the courts. New testing devices and procedures are necessary to determine if the person is drinking. Next, adecision, based on more tests, is made on whether or not to require a chemical B.A.C. test.Finally, the chemical test must be right on and expertly administered when measuring low, butillegal, B.A.C.'s. Other problems occur when intrusive enforcement measures must be implemented to identifydrivers with low B.A.C.'s. Roadblocks are the best example of a tactic used when there is noprobable cause to stop an individual motorist. Roadblocks are not necessary to identify driverswith high B.A.C.'s, nor do they deter problem drinkers. Police and court "discretion" are inversely related to legal B.A.C. standards. When thesestandards are no longer reflective of a reasonable behavioral standard, enforcement andadjudication falls off accordingly. With all this thrashing about looking for perfect irrefutable tests, iron clad identification of alldrinking drivers, and impeccably consistent enforcement of ever lower B.A.C.'s, not one of thesescholars asked "why?". The overwhelming number of alcohol-related accidents are attributable to drivers with highB.A.C.'s. Why is so much political and organizational effort being invested in lowering legalB.A.C. standards? Why are valuable and limited public resources being squandered on detecting,apprehending, trying, punishing, and treating persons who, by and large, are not creatinghighway safety problems? And, why are basic civil rights protections being disregarded whenthose persons responsible for D.W.I.- related accidents are readily recognized and apprehendableusing traditional and accepted law enforcement practices? All good questions that no one is asking, let alone answering. Taken from the NMAHomepage . Related Documents DWI Dilemma Related Pages Driving While Intoxixided Back Home | Start
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DUI Insurance › DUI Car Insurance › 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 Car Insurance Car insurance for those who have been accused of DUI / DWI, driving under the influence of drugs (DUID), or any other type of drinking and driving charge is a significant issue. Many auto insurance carriers will decline coverage for someone who has either been convicted of drunk driving, or has had a DMV action sustained against their driving privileges. It is vital for anyone charged with any type of drunk driving offense to get expert advice regarding their car insurance situation, just as they need help with their legal situation. Although every insured appreciates the financial strength and support from a large auto insurance company, many national car insurance companies will reject people right away when they learn of a DUI / DWI problem looming. One notable exception is 21st Century Insurance . By obtaining a free, no-obligation quote on auto insurance from 21st Century by clicking here , anyone accused of a DUI / DWI can get information on the nature of their situation while there is still yet time to do something about it. If a conviction has taken place, or is unavoidable, this will allow for additional time to plan. In addition to the problems in obtaining car insurance coverage in the wake of a DUI / DWI arrest, there are additional auto insurance needs that only apply following a drunk driving conviction or DMV license suspension action. These needs include the filing of an SR-22 Proof of Insurance Certificate. An SR-22 Proof of Insurance Certificate is more than the typical insurance card that is issued by car insurance companies. The SR-22 Insurance Certificate is only needed by those who have been convicted of driving under the influence, or been the subject of a Department of Motor Vehicles Administrative Action. Since there is no reason other than a DUI / DWI for a driver to need an SR-22, requesting one from your insurance carrier will be a red flag that there is a pending action or drunk driving conviction to factor into any insurance quote. This is yet another reason why it is critical to consult with an insurance professional to receive the best possible advice about how to handle insurance needs in the wake of a drinking and driving arrest, conviction, or administrative action. If you, or someone you care about, has been arrested for DUI / DWI, driving under the influence of alcohol or drugs (DUID), or any type of drinking and driving crime, please take the opportunity to receive a free car insurance quote and expert advice from a nationally renowned insurance carrier that will not refuse auto insurance on the basis of a pending DUI case, or drunk driving conviction. 21st Century Insurance will help, and can provide outstanding advice regarding insurance needs, just as a criminal defense lawyer can help with your DUI / DWI arrest. If someone you care about has been arrested for DUI, please contact a Drunk Driving Defense Lawyer who can solve your legal problem. Read more... :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.
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Field Sobriety Tests Mr. Field Sobriety Tests - Arizona DUI Laws Attorney Lawyer Phoenix DUI Drunk Driving Defense Extreme Penalties In Scottsdale Arizona DUI Attorney Ed Loss | Arizona DUI Laws | Site Map Home | Free Case Evaluation | About Ed | DUI FAQ's | Attorney Fees | DUI Case Examples Contact Us / Directions | Blood Test Issues | Save Your License! | DUI Publications & Articles | DUI Links Field Sobriety Tests Mr. Loss is the ONLY DUI Defense Lawyer in Arizona who is a Certified Standardized Field Sobriety Test Instructor. He knows more about these idiotic exercises than the police officer who arrested you. These so-called "tests" have never been validated in the field by the scientific community; Do not measure "sobriety" and are not true "tests." A true "test" is either norm or baseline referenced. These roadside exercises are neither; They are nothing more than pseudo-scientific window dressing for juries to facilitate more DUI convictions. Drivers suspected of DUI / DWI are routinely asked by police officers to perform one or more field sobriety tests. These voluntary tests (yes, voluntary) were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a driver is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the police officer subjectively determines how the motorist reacts to and performs the requested tasks. Almost EVERY knowledgeable DUI / DWI attorney will say to you, NO. Dont attempt ANY field tests---EVER. That is because many studies have concluded that the SFSTs are designed to fail. A driver'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 defense attorney know as much or more about these tests as the police. One sure way to know that your DUI lawyer is up to date: is your lawyer NHTSA certified? Certified as a student? Or certified as an instructor. Ask him/her. This training has been available to defense attorneys since 1994. Defense lawyers should challenge 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. The attorney representing you must attack the factual and legal issues that may arise regarding the officer's scoring and evaluation of the field tests. About Lawyer Ed Loss Arizona DUI Frequently Asked Questions Prevent Your DMV License Suspension Selecting the Right Attorney Sample Cases DUI Publications & Articles Free DUI Case Evaluation Contact Ed Loss Name: E-Mail: Phone: Comments: DUI Attorney Fees Field Sobriety Tests Blood Alcohol Calculator Arizona DUI Court Information Phoenix Blood Test Information Breath Testing Information In Scottsdale Arizona Drunk Driving Defense Arizona DUI Laws Extreme DUI Penalties DUI Links DUI Seminars Contact Us / Directions Only three tests have been scientifically studied (in lengthy studies paid for by the federal government) and represented to have any measure of reliability in helping an officer predict whether a subject is above a certain legal limit (0.10 BAC, in the original testing). These tests, known as the standardized field sobriety tests [SFSTs], were designed pursuant to numerous federal grants and ultimately sanctioned by NHTSA (the National Highway Traffic and Safety Administration) beginning in 1984. These three tests are (1) the walk and turn [WAT] test, (2) the one leg stand [OLS] test, and (3) the horizontal gaze nystagmus [HGN] test. However, the manual s (plural here, because 6 separate versions have now been released) say that if not performed properly, or if conducted without adhering to the training protocols, such actions compromise the validity of these evaluations. Starting in the 1970s, NHTSA began studying and funding field tests to see if any of the dozens of police exercises had any correlation to showing if a drinking driver had a blood alcohol level of 0.10 grams percent or higher. The studies determined that only the three named evaluations had any reliable correlation better than 50-50 (flipping a coin and guessing heads, being a 50-50 reliability test, for example) to identify a person having a BAC of 0.10% or more. These evaluations in no way were used to determine whether a driver is impaired . . . only whether the person may be 0.10 or more. The HGN evaluation, when performed correctly on proper subjects, had a 77% claimed reliability rating. The WAT exercise, when conducted properly on a qualified subject on a dry, level surface, was found to be 68% reliable. The OLS 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 criminal defense lawyers know that 98% 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. Hence, a top-notch DUI/DWI lawyer can cross-examine the arresting officer using his/her OWN training materials that the federal government and YOUR state government have approved. Recent research and scientific review of the testing protocols and scoring methodology have brought the NHTSA Standardized Field Sobriety Tests (SFSTs) into serious question. Courts across America are taking a closer look at the original research, to see if proper scientific methods were employed in the initial research. More and more courts are now saying no to these questions. In a recent New Mexico case, a high-level court has declared that the person who developed the tests (Dr. Marcelline Burns) was not qualified to testify as an expert witness about the scientific principles behind the HGN test. ( Lasworth v. State , 42 P.2d 844 (N.M. App. 2001).) Browse Pages By Topic: Page 01 Page 02 Page 03 Page 04 DISCLAIMER: The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems. Arizona DUI - Home | About Lawyer Ed Loss | Arizona DUI Frequently Asked Questions | Prevent Your DMV License Suspension | Selecting the Right Attorney | Sample Cases | DUI Publications & Articles | Free DUI Case Evaluation | DUI Attorney Fees | Field Sobriety Tests | Blood Alcohol Calculator | Arizona DUI Court Information | Phoenix Blood Test Information | Breath Testing Information In Scottsdale | Arizona Drunk Driving Defense | Arizona DUI Laws | Extreme DUI Penalties | DUI Links | DUI Seminars | Contact Us / Directions | Site Map | DUI Laws DUI Attorney DWI Lawyer | Atlanta DUI Lawyer | Law Firms | Atlanta DUI Attorney | Massachusetts DWI Lawyers | Atlanta DUI Lawyers | Texas DWI Attorney | Chicago Illinois DUI Lawyer | New York DWI Lawyer | DUI Lawyer Georgia | Georgia DUI Lawyer | Georgia DUI Attorney Other Resources: DUI Expungement Lawyers - Clear Your Record | DUI Laws - Drunk Driving Lawyers DWI Laws - Drunk Driving Lawyers | Drunk Driving Defense | DUI Attorneys | Go To Traffic School © 1998 - 2006 Edward A. Loss, III, P.C. Arizona DUI Attorney and Counselor at Law. All Rights Reserved. Metadata, Design, and Optimization services provided by Electric Lemonade Interactive Media - Atlanta Web Design
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Drunk Driving LawCalifornia Drunk Driving Law Center - Audio Lectures Site Map :: Disclaimer California DUI Laws and Legal Information Audio Lectures: DUI Explained Simply click on the link provided to the left of the tape you wish to listen to and you will be able to read the transcription as well as hear Mr. Taylor speak. Demonstrative Cross-Examination of Police Officer A lecture by Lawrence Taylor, presented at the National College for DUI Defense's Third Annual Summer Seminar at Harvard Law School, July 1997. Techniques for cross-examination of an officer and experts in DUI cases are briefly demonstrated in a classroom situation with a lawyer—formerly a Mississippi State Trooper—testifying as the arresting officer in a DUI trial... 54 minutes. Transcript Audio Attacking Blood-Alcohol Evidence In this 60 minute lecture, Mr. Taylor examines the subject of blood-alcohol evidentiary issues, looking briefly at the political perspective of DUI and its history, to expose the gaping holes by which a DUI Defense Lawyer can protect his client's rights. Transcript Audio Demolishing the State's Test Results Through Cross-Examination From case strategy to "attacking the machines", to understanding urinalysis and blood alcohol tests on which a state bases its ability to prosecute a case, Mr. Taylor outlines some successful approaches to defending the DUI. 48 minutes. Transcript Audio The DUI Exception to the Constitution The ERIS Society, lecture at the 1997 Annual Convention. Aspen, Colorado.Mr. Taylor's frank appraisal and attempt to educate and "convince a few of us" regarding what he describes as "the greatest single threat to...the freedoms set forth in the Bill of Rights to our Constitution," is a credible and earnest attempt to preserve the freedoms that made the United States of America great in the eyes of the world. Transcript Audio [ Side 1 :: Side 2 ] Home :: DUI FAQ's :: Drivers Guide :: Lawyer's Guide :: DUI Research :: DUI Checkpoints The DUI Officer :: DUI Books :: Audio Lectures :: DUI Nationally :: DUI Firms This site is hosted and maintained by: Law.Net ® Return to Top © 1998 Lawrence Taylor :: All Rights Reserved
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DUI / DWI, Drinking 
