Individual States, along with the United States Supreme Court, has made laws and Judicial findings which allow the police to stop a motor vehicle for DWI for DUI offenses. Police officers are allowed to pull a vehicle over based on a “reasonable articulable suspicion” that you are committing a crime or driving under the influence of alcohol or drugs. The police can even stop your vehicle and ask you questions without first having advised you of your constitutional rights, your right to remain silent, or the right to an attorney. This is called an investigative detention. As a driver, you have the right to refuse to answer any questions. However, the likelihood is that if you refuse to speak with the police, you will be arrested. One the other hand, if you answer the officers questions and incriminate yourself, the more likely you will be arrested. Welcome to DiscountLawyer.com

During the vehicle stop, (the “investigative detention"), the officer is looking, observing, listening and using his sense of smell to determine if you have consumed any alcohol. The officer is also evaluating your dexterity, sense of balance and the sound of your speech, and if you are slurring your words as you speak. Other factors such as your ability to remain focused during the conversation and your ability to respond without repetition and confusion is also important. If the police officer asks if you consumed a drink containing alcohol, it is likely that the police officer will ask you to exit your vehicle and perform several “sobriety tests” to determine if you are indeed operating a vehicle under the influence of alcohol or drugs.

At this point, the police are attempting to turn the investigative detention into "probable cause” to arrest you. Depending on which state you are being stopped in, the officer will ask you to perform several of the following field sobriety tests; an eye test called the Horizontal Gaze Nystagmus test, the Walk And Turn Test and the One Leg Stand Test. The officer will first give you exact instructions on what to do for the test, and then possibly demonstrate how the test should be done. Then, he will ask you to perform the same tests. The offer does this in order to determine if alcohol has affected your ability to listen to instructions and then perform the tests according to those instructions.

Whether you are intoxicated or not, these tests are specifically designed for you to fail. If, for some circumstance you find yourself doing these tests on the side of the road, prepare yourself to be arrested.

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The police use breath testing machines called “breathalyzers” to measure a person’s blood alcohol content (BAC) based on indirectly measuring a full sample of a person’s breath. However, breath testing machines are often inaccurate. They are programmed to test the BAC of the average person. If you are substantially taller or shorter, or are overweight, the test may not be a reliable indicator of your condition. Additionally, if you have a temperature or other condition which causes your body heat to rise, the test results will also be inaccurate. Moreover, certain mouth washes, cough syrups, certain medicines, medical conditions including Diabetes, and some breath fresheners are known to produce false readings. Sometimes the courts have thrown out the breath test results because of their unreliability or for other reasons that make the test incorrect. False BAC readings happen.

There are two methods the police or prosecutor can use to convict you of DWI. First, the prosecutor can successfully convict you if your blood/breath alcohol concentration is .08 or greater. Additionally, the prosecutor can convict you if you have lost or compromised the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances. Therefore, even without the Breath Test sample, you may still be convicted based upon the officers’ testimony or the testimony of other witnesses.

When the police stop you, they are not required to read you or inform you of your Miranda rights (the right to remain silent). While the officer is observing you and your conduct, he is looking for hints or clues of intoxication, smelling for alcohol or narcotics, and listening to the way you answer his questions. If he feels you may be driving under the influence of alcohol or drugs, he will order you out of your vehicle and ask you to perform certain test. While the law requires you to take a breathalyzer test, you are not required to perform the other roadside performance tests.

Nationally, one of the most widely used field "tests" is reciting the alphabet. The Police will instruct you to say the alphabet, “Not sing the alphabet”. However, since we as a country learn the ABC’s by singing it, many people cannot accurately recite the ABC’s without putting it to the same tune we learned it in. Therefore, this test is challengeable and is not an accurate reflection of your ability to operate a vehicle or a determinative method of proving your BAC,

Another popular test the police use is called the “Head Tilt Test.” For this test, the police must properly advise you to hold your head back with your eyes closed, place both arms stretched out and touch your nose with your forefinger. The officer should then proceed to demonstrate the test to you so that you understand what is expected of you. Occasionally, the officer may also ask you to bend over at the waist and have your arms hang in front of you. This is not a good predictor of your ability to operate a vehicle or a good predictor of your BAC. If you have back problems, injured your leg or foot, are older, are overweight, have balancing or vertigo problems, stressed, weaving long heals, or even normal, unless you walk everyday with your head back and your eyes closed, you are not likely to do well on these tests. These tests are designed to induce you to sway, and consequently, fail the test. These tests induce you to sway. That is exactly what they are designed to do.

Counting on your fingers in a complicated pattern is another popular test the police use. It is interesting to note that the police sometimes have difficultly demonstrating the test.

According the National Highway Traffic Safety Administration (NHTSA), three common police tests can be used to determine if a person’s BAC (breath/blood alcohol content) is more than 0.10%, and therefore to impaired to operate a vehicle.

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HERE IS MORE INFORMATION ON DWI FIELD TESTS

These are the tests that the Police use in addition to the alphabet test:

1. Typically, the first tests the police use is called the One Leg Stand. Provided that the police properly instructed you on how to do the test and demonstrated the test to you, the One Leg Stand has a 65% reliability of predicting if a person’s BAC is 0.10% or greater. However, all of the proper instructions must be given to you for the test to be reliable. You must be advised of the following statement, and the officer must demonstrate as he is instructing you:

Stand with your feet together and your arms at your side.
Keep that position until you are told to begin.
The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
When told to start, raise either leg approximately 6 inches off the ground with your foot pointed out.
Keep both legs straight, arms at side.
Count 1,001, 1,002 etc. until told to stop.
Keep your arms at side and keep watching raised foot.
The officer must again ask if you understand the instructions and receive an acknowledgement from you that you do.
The officer will then start the test.
The test can last no more than 30 seconds of actual time.

There are four scoring factors for the one leg stand test:

Sways while balancing.
Arms for balance.
Hopping.
Puts foot down.

If you put your foot down three or more times, you are considered to have reached a "decision point" on the testing. If you stop at any point during the testing, you should be given the opportunity to resume the testing.

2. THE WALK AND TURN TEST

The next standardized test is the Walk and Turn Test. According ti the NHTB, the walk and turn has a 68% reliability of predicting that a person’s BAC is 0.10% or greater provided That you were properly instructed,. All of the proper instructions must be given to you for the test to be reliable. You must be told the following, and the officer must physically demonstrate the test as he is instructing you:

Place your left foot on the line.
Place your right foot on the line ahead of your left foot, with the heel of your right foot against toe of your left foot.
Keep your arms to your side.
Keep this position until you are told to begin.
The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
When told to start, take 9 heel-to-toe steps, turn, and take 9 heel-to-toe steps back.
When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot.
While walking, keep arms at side, watch feet at all times, and count steps out loud.
Once you start, don’t stop until test is completed.
The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
Begin the test and count first step from the heel-to-toe as "one".

The police use eight (8) scoring factors to determine your ability to complete the Walk and Turn test:

Cannot keep balance while listening to instructions.
Starting before instructions are finished.
Stopping while walking.
Did not touch heel-to-toe (more than 1/2 inch on any step).
Stepped off line.
Used arms for balance.
Improper turn.
Incorrect number of steps.

3. The third standardized test is called the Horizontal Gaze Nystagmus (HGN) Test and is not submissible as reliable evidence in every jurisdiction. Proving that you were properly instructed, the Horizontal Gaze Nystagmus has a 77% reliability of predicting that a person’s BAC is 0.10% or greater.

In order to complete this test successfully. The police must you must advise you of the following:

I am going to check your eyes.
Keep your head still and follow this stimulus with your eyes only.
Keep following the stimulus with your eyes until I tell you to stop.

The police use six (6) scoring factors for the HGN test. One for each eye:

The Lack of Smooth Pursuit – The eyes "bounce" as they follow a smoothly moving stimulus.
Distinct Nystagmus at Maximum Deviation – Distinct Nystagmus is evident when the eye is held at maximum deviation for a minimum of four seconds.
Onset of Nystagmus Prior to 45 Degrees – They are looking for the point at which the eye is first seen jerking.

Not all field sobriety tests are reliable nor have any real scientific validity. Many factors can influence the outcome. Age, weight, mental and physical challenges, uneven pavement, dangerous conditions, tiredness, confusion, ability to understand English, and the like can make the tests unreliable. Additionally, the testing should be done on a well-lighted, dry, flat, hard, non-slippery surface with sufficient room to perform the tests. Often, the side of the road are sloped for water run-off or may be uneven for many reasons or may have broken pavement. This would affect the outcome of the tests.

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