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Field Sobriety Testing - Law Firm Peter J. Peaquin Attorneys Seattle, Washington 720 3rd Avenue Suite 2015 Seattle, Washington 98104 phone: 206-633-3000 fax: 206-467-3152 click here to email us Field Sobriety Testing THE ROADSIDE TESTS ARE VOLUNTARY AND SHOULD BE REFUSED Want to help the police officer build a DUI case against you? If so, take their tests in ignorance. Want the real truth? Then protect yourself and read on. "Field sobriety testing" (or FSTs) as practiced on the city streets and highways of Washington State is not an effective indication of a persons level of intoxication. There are no conclusive studies linking the results of any field test to legal intoxication. The best studies show less than an 80% rate of accuracy. Only three of the tests available to officers have been given any shroud of "scientific" legitimacy by the National Highway Traffic Safety Administration (NHTSA). These tests are: The Horizontal Gaze Nystagmus Test The Walk and Turn Test The One Leg Stand Test All other tests are not validated in any official way. In fact, many of the tests involve closing your eyes and balancing. Without a visual frame of reference, no "balance" test can honestly claim to measure sobriety or intoxication. Therefore, tests such as the Finger to Nose Test, and the Rhomberg Balance Test should be avoided. Other tests, such as counting or saying the ABCs backwards, counting ones fingers, or playing "pattycake" have no correlation whatsoever to ones ability to operate a motor vehicle safely. Officers regularly testify that FSTs are gauged to measure "divided attention." For instance, when you drive, you must divide your attention between several tasks, such as steering, breaking, navigating and signaling. The theory is that alcohol impair one's ability to divide attention. You have the absolute right to refuse to submit to field sobriety testing. If you decide to take the tests, the officer cast his/her own interpretation of your performance on your case. Keep in mind that the officer is already investigating you for DUI, and in all likelihood will arrest you even if you take the FSTs. THE DRAWBACKS OF REFUSING THE TESTS: Contrary to common misunderstanding, refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you not to refuse to take the tests). The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. The other major drawback is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. CONCLUSION: As a general rule subject to very few exceptions, I recommend that you politely refuse to take the tests. If you have been accused of Driving Under the Influence, DUI, in Western Washington, including King County and the Cities of Seattle, WA, and Bellevue, Snohomish County and the City of Everett, and Pierce County and the City of Tacoma, please contact us today for a free consultation . Disclaimer: The information contained in these pages is to educate; therefore, nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney. Additional disclaimer information. Home | Firm Overview | Client Comments | FAQs | Practice Areas | Contact Us | Free Consultation 30-day Deadline | Preserve Your Rights | License Hearing | DUI Penalties | DUI Law | DUI Court Process | 10 Tips Newsletter | Latest Legal News | Directions | Disclaimer | Site Map
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DUI Lawyers | Insurance Florida DUI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Florida Topics Florida DUI Florida Car Insurance Florida DUI Lawyers Florida DUI Library Google Search Results Florida DUI Information Florida DUI Education - What Happens to First Offenders Florida DUI Law (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). 316.193, F.S. The DUI Law - Vehicle Code DUI legislation in Florida allows for penalties if found guilty of a fine of anything from $250 to $5000 and a 5 year jail term. On 3/22/02 the Florida Legislature unanimously passed House Bill 1057 greatly affecting DUI laws and on April 7, 2002 Governor Bush signed the Bill. Important! You have only ten day from arrest to request an administrative hearing to prevent your driver's license from being suspended. (WP) Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension. First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of .20 or higher. (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. Penalties: Fine Schedule First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000. Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000. Community Service First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. Probation At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment. First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months. Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive. Impoundment of Immobilization of Vehicle - 316.193 (6), F.S. -------------------------------------------------------------------------------- Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant. Ignition Interlock Devices As of July 1, 2003 any person who is convicted of a DUI and who has a blood- alcohol level of 0.20 or higher, and/or at the time of the offense was accompanied in the vehicle by a person under the age of 18 years will be required, at his/her own expense, to install a certified ignition interlock device for a period up to six months on any car(s) in which the title(s) state his/her name. Person must provide proof of installation to the Department of Motor Vehicles before a permanent or restricted license is issued. As of July 1, 2003 any person who is convicted of a second time DUI will be required, at his/her own expense, to install a certified ignition interlock device on any car(s) in which the title(s) state his/her name. Person must provide proof of installation to the Department of Motor Vehicles before a permanent or restricted license is issued. As of July 1, 2003 any person who is convicted of a third time DUI within 10 years from his/her last DUI conviction will be required, at his/her own expense, to install a certified ignition interlock device on any car(s) in which the title(s) state his/her name for a mandatory period of no less then 2 years. Person must provide proof of installation to the Department of Motor Vehicles before a permanent or restricted license is issued. As of July 1, 2003 any person who is convicted of a third time DUI more then 10 years from his/her last DUI conviction will be required, at his/her own expense, to install a certified ignition interlock device on any car(s) in which the title(s) state his/her name for a mandatory period of no less then 2 years. Person must provide proof of installation to the Department of Motor Vehicles before a permanent or restricted license is issued. All references to probation have been deleted from F.S. Section 316.1937 as it formerly referenced the ignition interlock device. (Since probation is no longer a prerequisite to the mandatory requirement for the device.) Likewise, the driver now makes his reporting for purposes of proof of installation of the device to DHSMV. Conditions for Release of Persons Arrested for DUI-316.193 (9), F.S. The person is no longer under the influence and; The person's normal faculties are no longer impaired The person's blood/breath alcohol level is lower than 0.05; or Eight hours have elapsed from the time the person was arrested. DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-316.193 (3), F.S. Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1 year imprisonment). DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-316.193 (2),(3) F.S. Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment). Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in 775.084. Manslaughter and Vehicular Homicide-316.193 (3), F.S. DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment). DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment). Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment). Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment). Driver License Revocation Periods for DUI-322.271, F.S. and 322.28,F.S. A. First Conviction: Minimum 180 days revocation, maximum 1 year. B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above. C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above. D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above. Home > State By State Help > Florida DUI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute All Rights Reserved Send eMail Advertise With Us
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DUI Attorneys Document Preparation DUI Attorneys Home About LawInfo Contact us Site Map Legal Headlines Document Preparation Consumer Resources Business Resources Attorney Programs Legal Experts -- DUI 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 > DUI -- 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 DUI Attorneys What Do DUI Attorneys Do? DUI is generally is interpreted as an acronym for Driving Under the Influence. By far, the most common impairing substance is alcohol. However, all states and the District of Columbia also prohibit driving under the influence of prescription and illegal drugs, other controlled substances and toxic vapors (sniffing or huffing paint fumes, butane, paint thinner and similar chemicals). Similar to other drunk driving offenses, a person is guilty of DUI 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. DUI 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 DUI attorney immediately if you are arrested. Contact a LawInfo Lead Counsel qualified DUI attorney for your case or for that of your friend or loved one. 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 DUI 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" for more information about this and other criminal charges that may be brought. Should I hire a DUI attorney? Because DUI laws are so complex, you not only need to hire a DUI attorney , but one who specifically specializes in DUI defense. DUI attorney s 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 DUI lawyer who understands your particular needs and situation. To begin your search, select a DUI 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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DUII. Their efforts contributed CVU Members Speak On DUII At Pioneer Pacific College CVU Members Speak On DUII At Pioneer Pacific College CRIME VICTIMS UNITED On February 1, 2004, CVU and MADD members Marie Armstrong and Anne Pratt spoke to a criminal justice class at Pioneer Pacific College in Springfield, Oregon. The topic was Driving Under the Influence of Intoxicants and its impact. Marie Armstrong's son Chance was killed by a drunk driver in 1996. Chance's girlfriend survived with a brain stem injury. The driver was sentenced to 90 days in jail for criminally negligent homicide. Released from jail, he drove with a revoked license, continued to drink and drive and violated other terms of his release including being a felon in possession of a firearm. Anne Pratt's son, Brian Hood, was killed by a drunk driver in 1998. Her experience with the criminal justice system led her and her husband Bruce to work for changes to Oregon's laws on DUII. Their efforts contributed to several bills passed by the legislature, most notably Brian's Bill , which increased penalties for criminally negligent homicide. Marie and Anne spoke about the impact of drunk drivers on their lives and the lives of other Oregonians, and their experiences with the criminal justice system. Pioneer Pacific student Jami Clark, who arranged for Marie and Anne to present to instructor Shan Weggland's class, wrote a note of thanks: February 3, 2004 Dear Anne and Marie: Thank you for making time to attend my class and be our guest speakers. I know that your presence has done two things: help you to speak about your pain and educate others so they too are not victims. It was very admirable for you to share such a painful experience with a room full of strangers. The power point was very informative and provided information that was not common knowledge. The pictures of your sons also made the situation a reality and not just a name in the obituary. The pictures helped to place a face with a name. In addition, seeing the copies of the Bills that were passed also helped us with the larger picture. I am in awe of your courage and your strength to continue to move forward and fight for stricter punishments and your hopefulness in the prevention you stand behind. I certainly agree that this knowledge needs to be shared with all counties of Oregon and perhaps nation wide. Knowledge is power and a lot of people do not have the knowledge. Keep your heads held up high and your passion growing, for this will be a tough road to travel. I would like for you to remember the following when things become tougher than normal. "A single drop of water begins a waterfall, and look what comes from that." ~Power of One~ You may be a single drop of water now; however, soon other drops will follow. Please keep me in mind when letters need to be written so we may pass more Bills. Sincerely Yours, Jami M. Clark See Also: CVUJoins with Legislators and Advocates to Combat DUII Marie Armstrong's Testimony on Senate Bill 421 Senate Bill 421 Is Signed Into Law Home | Top | Search
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DUI / DWI, Drinking 
