It is illegal in the state of Iowa to operate a motorized vehicle with a blood alcohol content of 0.08% or higher. Drivers may also be arrested for drunk driving in Iowa if a police officer has probable cause to believe they were not able to safely operate their motorized vehicle.

Most drivers do not realize if they are arrested for OWI in Iowa there are administrative as well as Iowa DUI criminal penalties. Administrative penalties can be assessed against the driver by the Iowa Department of Transportation. To fight the administration license suspension drivers should request an administrative hearing within 10 days from the date of the drunk driving arrest.

Can I get a restricted license after a drunk driving arrest in Iowa?

Drivers who have not been convicted of drunk driving within the previous 12 years are considered first time offenders. If you are convicted of a first time OWI in Iowa and your license has not already been suspended by the Iowa Department of Transportation, the court can revoke your license for 180 days. Drivers who receive a deferred judgment will have their license revoked for 30 to 90 days.

Requirements for a Restricted License in Iowa:

Drivers arrested with a blood alcohol concentration (BAC) between 0.08% to .10% can apply for a temporary restricted license immediately without having to install an ignition interlock device. Drivers who caused bodily injury will have to wait for 30 days to get a restricted license, and they will have to install an ignition interlock device on their car. Drivers who refused a blood alcohol content test will have their license revoked for at least one year and will have to serve 90 days suspension before they can request a restricted license.

To request a temporary restricted license you need to complete Application for Temporary Restricted License after it has been reviewed and approved you must take it to a DOT driver’s license station where you may be required to:

• Pass all required examinations (vision, written and/or driving test)
• Pay any civil penalties
• File proof of financial responsibility
• Pay a $20 reinstatement fee
• If your Iowa driving privileges have been revoked for operating while intoxicated (OWI), you will have to complete all requirements of Iowa’s OWI law, including possible installation of an ignition interlock device.

Where can I drive on my Iowa restricted license?

According to the Iowa Department of Motor Vehicles you can do any of the following with a temporary restricted permit.

• Employment (work permit)
• Health care – for you or a dependent
• Child care
• Continuing education
• Substance abuse treatment
• Court-ordered community service
• Probation or parole officer appointments

Reinstating an Iowa Driver’s License after suspension

If your driver’s license has been revoked for any OWI offense under Iowa Code § 321J (whether as a result of a court order or administrative action), the license or privilege may not be reinstated until the person:

• Pays a $200 civil penalty.
• Presents proof of completion of a course for drinking drivers.
• Presents proof of completion of a substance abuse evaluation and treatment or rehabilitation services.
• Complies with financial responsibility law, if applicable

(Information provided by the Iowa Department of Motor Vehicles)

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If you are a commercial driver your license is very important to maintaining your livelihood, maintaining employment and supporting your family. What you may not realize is the state of Texas substantially increased the penalties for drunk driving with a commercial driver’s license beginning in June of 2005.

After June 1, 2005, Texas laws were updated to comply with the Federal Motor Carrier Improvement Act. After this date, Texas drivers who are arrested for their first drunk driving charge, even if they are driving in a non-commercial vehicle, can expect to lose their CDL license for a minimum of one year.

Drivers who are arrested a second time for drunk driving in Texas will lose their CDL license for life, although the laws allow the driver to reapply after 10 years.

What if you are arrested for drunk driving in another state? Do not assume your Texas commercial driver’s license is safe. Most states have an agreement with Texas that they will report all DUI convictions to the state of Texas and you will have your CDL suspended.

Drunk Driving with a Commercial Driver’s License in Texas

Many drivers know that it is illegal to drive with a blood alcohol content of 0.08% or higher, but what if you are driving a commercial vehicle? Drivers who are driving a commercial motor vehicle can be arrested for drunk driving (operating a motorized vehicle under the influence of alcohol or drugs) in the state of Texas if their blood alcohol content is 0.04% or higher.

Conditions that you can lose your CDL License for one year

• Convicted of operating a commercial vehicle under the influence of alcohol or narcotics
• Refusing to submit to a blood alcohol content test
• The blood alcohol content test determines the driver had an alcohol level of 0.04% or higher
• The drivers blood alcohol content level was 0.08% or higher while operating a noncommercial motorized vehicle

If the driver is transporting a hazardous material when they are arrested for drunk driving the penalties will be for 3 years, instead of one (for first time DWI arrests).

Reinstating Commercial Driver’s License after Drunk Driving Conviction

Texas drivers may be able to reinstate their commercial driver’s license after the required suspension period. Contact the Texas Department of Public Safety for more information.

According to the Texas DPS Office, drivers must pay their reinstatement fees and review the reinstating license eligibility application for more information. Compliance documents (without fees) should be mailed, faxed, or e-mailed to:

Texas Department of Public Safety

Enforcement and Compliance Services
P.O. Box 4087
Austin TX 78773-0320

Fax: (512) 424-2848

E-mail: driver.improvement@dps.texas.gov. E-mailed documents must be in PDF format.

If mailing reinstatement documents, please allow 14 business days from receipt for processing. Please include a copy of the suspension notice along with your full name, date of birth, and driver license number.

If you cannot pay your fees online, compliance documents with fees should be mailed to:

Texas Department of Public Safety

Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999

Please submit a check or money order only. We do not accept cash. Make the check or money order payable to Texas DPS and include a copy of the suspension notice along with your full name, date of birth, and driver license number.

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Illinois DUI and a MDDP

When you are charged with a DUI in Illinois, your driver’s license will most likely undergo a statutory summary suspension for a period of time. During this suspension,  some defendants will be eligible for a temporary permit called an MDDP. Also known as a Monitoring Device Driving Permit, an MDDP gives the driver the ability to drive for any purpose as long as they follow the law.

What exactly is a MDDP and how much does it cost?

Illinois rewrote its drunk driving laws regarding driving permits in 2009. The old laws restricted your driving to work, school and doctor appointments with a temporary permit. Now, if you follow a few requirements, you can drive wherever you want.

First, you must have a breath alcohol interlock ignition device, or BAIID, installed on your car. Every time you start your vehicle, you must blow into this device that measures your blood alcohol content (BAC). While you are driving, the device will require you to blow into it occasionally to make certain a sober friend did not help you start the car.

The BAIID you install on your car is rented. There is an $80 installation fee and a monthly payment of $30 to the Secretary of State. There is also a $5-$15 device rental fee and an $80 de-installation fee when your suspension period is over.

All drivers, even those who qualify for an MDDP, must serve a 30 day period where they do not drive at all. Your MDDP will go into effect on the 31^st day of your summary suspension.

Who is eligible for a Monitoring Device Driving Permit?

Only first-time offenders, or those who have not been convicted of drunk driving within the last five years, are eligible for an MDDP. There are several other requirements: a valid driver’s license, must be at least 18, the driver has never been convicted of reckless homicide, and the driver did not cause serious injury or death for the current drunk driving charge.

How do I get an MDDP?

After your Illinois drunk driving arrest, the Secretary of State will mail you a document that tells you all about your summary suspension and information on getting your MDDP. If your summary suspension is upheld, the judge will ask you if you want the MDDP. If you say that you do, the judge will send the order to the Secretary of State who will send you all the information you need to get the MDDP.

Once you send the required fee to the State, they will send you the MDDP. Once you take delivery of it, you have 14 days to have the BAIID installed. If you fail to install it within the 14 day period, the Secretary of State will revoke the MDDP forever. If police catch you driving with a MDDP and no BAIID on your car, you will be taken to jail.

Can I lose my MDDP?

Yes, you can lose your Monitoring Device Driving Permit for the following reasons:

* Drive on a suspended license

* Try to run from police

* Flee the scene of an accident

* Involvement in street racing

* Reckless driving

* Drive a vehicle not equipped with a BAIID

* Attempt to ‘cheat’ the BAIID by having someone else blow into it

If your Monitoring Device Driving Permit is cancelled, you will have to serve out the rest of your drunk driving suspension and then apply for a Restricted License. The RL will only let you drive to work and/or school.

An experienced Illinois drunk driving attorney can help you obtain an Monitoring Device Driving Permit and can look at your entire drunk driving case and help you plan your best course of action

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A recent question on our forum ask if the state could charge a driver for drunk driving eight months after the drunk driving accident occurred. The statute of limitations, which is determined by each state’s legislature, is the amount of time the state or prosecutor has to initiate a criminal case against the driver. If the state does not file the charges within the prescribed statute of limitations, the state is usually not allowed to do so in the future.

Statutes of limitations for misdemeanors and felonies can vary by state. Many states allow the state to file misdemeanor charges up to a year after the offense. Talk to a drunk driving lawyer for more information about your state.

The question that should be asked, however, is not whether drunk driving charges can be filed, but whether or not the state gathered enough evidence at the time of the drunk driving accident to prove their drunk driving case.

What does the state have to prove for a drunk driving arrest?

To convict a driver a drunk driving the state must prove beyond a reasonable doubt that the driver either was operating or intending to operate a motorized vehicle (which was operable) while they were either under the influence of alcohol or drugs (including narcotic, hallucinogenic, or habit producing drug) or that their blood alcohol concentration was 0.08% or higher.

Obviously chemical testing is the most damning evidence. It generally provides objective, scientific evidence against the driver. If the state has gathered blood alcohol concentration information against the driver the drunk driving defense attorney may discredit the evidence if they can prove:

• The breathalyzer equipment was not inspected according to established procedures or it was not in proper working order and may have registered an inaccurate blood alcohol concentration level.
• The police officer did not properly perform the test which may have registered an inaccurate blood alcohol concentration reading.
• The police officer did not follow accepted procedures or failed to give the driver accurate information prior to administering the test.

What if the driver did not take a blood alcohol content test?

Obviously, the drunk driving case becomes much more difficult for the state to prove if the driver did not take a blood alcohol concentration test, but not impossible. Drunk driving evidence can also include witness testimony, physical evidence such as a field sobriety test, slurred speech, stumbling, blood shot eyes and other physical impairments.

What do I do if I have not been charged after my drunk driving arrest?

Some drivers are stopped for drunk driving and then have to wait weeks to find out from the district attorney whether or not they have been charged for drunk driving. Keep in mind, the D.A. has months to file  their drunk driving charges and if you took a urine or blood test the D.A. may simply be waiting for the results of the blood alcohol content test to be returned to them, which could take three months or longer, before they file charges again you.

The best thing to do if you have been arrested for drunk driving is to contact a drunk driving lawyer. There are immediate steps that must be taken to stop an administrative license suspension, regardless of whether or not the state decides to charge you with a crime. A drunk driving lawyer may provide a free consultation to review your DUI case and determine the next steps. If you are arrested for drunk driving, even a first time DUI arrest, you could be facing high fines, jail time, probation and a suspended driver’s license. State laws vary, review our state DUI pages for more information about the specific penalties you might face if convicted of a DUI in your state.

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Can I appeal my drunk driving conviction?

You have just been found guilty of drunk driving and given your drunk driving sentence. This is upsetting news that could alter your life for some time. What options do you have if you and your drunk driving attorney believe that your DUI conviction was obtained through error? You can file an appeal. By filing this appeal, you ask a higher court to examine your drunk driving case and the processes surrounding it. They are looking for any errors that were made that contributed to an erroneous drunk driving conviction or unfair sentencing.

When should I appeal a Drunk Driving Conviction?

Different states have different timelines. Many states give you only 7-10 days after your drunk driving conviction to notify the court of your intention to appeal. Although the appeal must be filed in short order, the actual appeals process takes several months from start to finish. It is imperative that you speak with your DUI attorney shortly after your drunk driving conviction and decide if an appeal is appropriate.

What is involved in the drunk driving appeals process?

You must argue that due to legal error (s), the jury’s decision was affected in a negative way. The same could also be said if a legal mistake influenced the drunk driving sentencing. Your DUI attorney should state in the appeal if he believes your case should be dismissed, or if you deserve a new trial, or a re-sentencing.

It is important to note that the higher court will not consider any new DUI evidence. They will only examine the lower court’s drunk driving case and legal procedures used against you. They will study the court’s transcripts and examine any items that were admitted into evidence.

When you challenge the drunk driving conviction, your DUI attorney will file a brief with the court. The Prosecutor will file his own brief with the court saying why the state stands behind the drunk driving conviction and sentencing. In most states, you will have the opportunity to file a second brief with the court countering the Prosecutor’s brief against you. In some cases, the court may call both sides in to hear oral arguments before they reach their verdict.

What can I do during the Drunk Driving appeal process?

You could join an alcohol education program while you are waiting for your appeal to be decided. Not only could you learn something that could help you, but it would leave a good impression on the court. It shows that you are taking hold of your life and working to avoid any mishaps in the future.

Possible defenses to use during your drunk driving appeal

Maybe your original DUI attorney did not represent you properly. Your new attorney can highlight the inadequacies of your former drunk driving lawyer and explain how you were adversely affected.

If you were not told your rights before police conducted your chemical test, then you could use this to challenge your license suspension. In most states, police must explain that you have a right to refuse and then tell you the consequences if you do refuse.

If you have recently been convicted of drunk driving and believe you have a good chance at an appeal, you should contact an experienced DUI attorney in your area immediately to examine your drunk driving case.

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How do I get my Illinois Drivers License back after DUI?

According to the Illinois Department of Motor Vehicles, the first step to apply for reinstatement of your Illinois drivers license, assuming you are at your eligibility date, is to apply for a consultation with an informal hearing officer. The officer will review the driver’s record and explain all of the documents for reinstatement of your Illinois drivers license. If you have been arrested for drunk driving in Illinois contact a drunk driving lawyer who can review Illinois drunk driving laws.

Steps to Reinstate your Illinois Drivers License

After the consultation, the driver, if they are arrested for a drug or alcohol related offense, must complete the following requirements to reinstate their Illinois drivers license:

1. Complete an alcohol/drug evaluation by a Division of Alcoholism and Substance Abuse (DASA)-licensed provider within six months prior to the hearing date. The intensity and requirements of this treatment plan are categorized and vary depending on whether the driver is classified as minimal risk, moderate or significant risk or high risk.
2. Complete an informal or formal hearing. Information hearings are held for drivers who have committed one single drunk driving offense or whose offense did not involve a fatality. Drivers who have multiple drunk driving offenses or who an offense involving a fatality will have a formal hearing.

Restricted Driving Permit after Drunk Driving Conviction

After an informal hearing it may be possible to have a drivers license restored for partial driving privileges. This is called a restricted driving permit or RDP. An RDP allows a driver to drive at certain times for employment, medical care, daycare, or educational purposes.

To qualify for a RDP the driver must submit evidence of employment, class scheduled and educational verification, daycare verification or evidence they are attending support or recovery groups. Not all drunk drivers convicted of DUI qualify for a restricted driving permit.

Prior to approving a restricted driving permit the driver must:

• Show proof or financial responsibility
• Pay an $8.00 fee
• Take driver’s examination if required.

Reinstatement of Illinois license after Drunk Driving Conviction

A full restoration of driving privileges after a drunk driving charge allows the driver to driver anywhere at any time without driving restrictions. Reinstatement is not done if a driver does not have a valid Illinois license or if their license has been suspended or revoked in another state.

Prior to reinstatement the driver must do the following:

• Pay the reinstatement fee.
• Provide proof of financial responsibility
• Evidence of installation of a breath alcohol ignition interlock device (BAIID) if required.

What is an Administrative License Suspension?

Drivers may lose their driving privileges following a DUI arrest if their blood alcohol content is 0.08% or higher or they refuse to take the blood alcohol test. Administrative license suspensions become effective on the 46^th day from the date of the DUI arrest and are separate from charges and conviction penalties which may later result from a drunk driving conviction.

If your Illinois license has been suspended you may apply for a restricted driving permit after 30 days of suspension but this relief is only available to first-time drunk driving offenders and drivers may be required to install an ignition interlock device.

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New Mexico DWI License Suspension Process

When you are pulled over and arrested for drunk driving in New Mexico, your driver’s license is confiscated immediately. In addition to the criminal drunk driving charge that you may face, you must also handle an Administrative License Revocation hearing that will decide the fate of your ability to drive legally in the state of New Mexico.

New Mexico Motor Vehicle Department (MVD) hearing

Once you are charged with DWI, your driver’s license will be suspended for 90 days. To receive an administrative license hearing at the New Mexico Motor Vehicle Department concerning the civil case to suspend your license, you must submit a written request within ten days of your drunk driving arrest. If you fail to meet the ten day time requirement, your license will automatically be revoked 20 days after the date of your drunk driving arrest.

How do I request a New Mexico MVD hearing?

You need to put in writing your request for a License Revocation hearing and include either a copy of the Notice of Revocation (given to you by police), or if you do not have this Notice, you can write down all information the MVD would need to identify you and your drunk driving case: your name, date of birth, driver’s license number, Social Security number, return address, phone number, citation number, date of drunk driving arrest, and the agency that arrested you. Include the $25 processing fee and mail to:

Driver’s Service Bureau
Motor Vehicles Division
P.O. Box 1028
Santa Fe, NM 87504-1028

It is also a good idea to request that your arresting officer(s) appear in person to testify at the MVD hearing. This could help your DWI attorney gain valuable information that could help you with your criminal drunk driving case.

What issues are considered at the New Mexico Vehicle Department hearing?

The person in charge of the hearing and who will decide your case is usually an attorney hired by the MVD. He will consider the following matters:

* Did the police officer have grounds to believe you were operating a vehicle under the influence of drugs and/or alcohol?
* Were you arrested?
* If you refused the chemical test, did the officer warn you of the consequences?
* Was the chemical test administered properly?
* What was your BAC?

What happens if I lose the New Mexico MVD hearing?

If you lose the civil case against you at your MVD hearing, the length of the administrative revocation of your license depends on various factors:

* What is your driving history?
* What is your age and blood alcohol content at time of your drunk driving arrest?
* What type of vehicle were you driving? Was it a commercial vehicle?
* Did you submit to the blood alcohol content test?

If you refused the blood alcohol test, the revocation period will automatically be one year. One important thing to remember is: the state of New Mexico only has 90 days after the notice of revocation to conduct the MVD hearing.

The MVD hearing is a complicated process and an experienced New Mexico DWI attorney can look at the facts surrounding your drunk driving case and help you not only with your criminal drunk driving case but also with your License Revocation hearing.

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If you are arrested for drunk driving in Florida and your blood alcohol content level is 0.08% or higher or you refused the blood alcohol content test, your Florida driver’s license may be suspended.

You may request an administrative license review at the Florida Department of Safety and Motor Vehicles Bureau of Administrative Reviews within 10 days from your drunk driving arrest. You will be issued a temporary license which can be used up to 42 days after your drunk driving arrest. You are allowed to hire a Florida drunk driving lawyer to review your DUI arrest and appear at the formal hearing.

After the Administrative Hearing in Florida

If you win at the hearing your license is returned to you. If you lose, your Florida license may be suspended up to 18 months. Under some conditions you may be eligible to apply for a hardship license after 30 days or 90 days for refusing to take the chemical test. Keep in mind, the drunk driving penalties assessed by the Florida Department of Safety and Motor Vehicles Bureau of Administrative Reviews are separate from DUI criminal penalties from a Florida drunk driving arrest.

Under some conditions, the court may require you to complete a DUI school, purchase liability insurance and install an ignition interlock device (although rare for first time Florida DUI offenders). After you have completed these steps, or whatever steps are ordered by the court, you can go to any Administrative Reviews Office to apply for your hardship license.

What happens after a Florida Drunk Driving Conviction?

If you have been convicted of drunk driving and it is your first time, you may have your driver’s license suspended for 180 days up to 1 year. If your drunk driving resulted in serious bodily injury to another person your license revocation can be for up to 3 years. How long your license will be suspended will depend on several factors including whether this is your first drunk driving charge, how long it has been from subsequent drunk driving arrests and whether or not your DUI caused bodily injury to another person.

• First DUI convictions can expect a 180 day to one year suspension (effective on conviction date)
• Second DUI convictions (more than 5 years from the first) 180 days to 1 year
• Second DUI conviction in less than 5 years- drivers may have their license suspended for five years but they may apply for a hardship after one year.

Steps to Reinstate Florida license after Drunk Driving

Prior to the expiration of the revocation period you can apply for a hardship license in your county. Under some conditions you must complete a DUI education course.

What you will need:

• Proof of enrollment or completion of DUI school and treatment. If you do not complete the course within 90 days from the date of your license reinstatement your license can be suspended.
• If you are requesting a hardship license or a reinstatement, you must complete the required examination.
• Payment of the administrative fee, revocation reinstatement fee and license fee are required.
• If your DUI occurred after October 1, 2007, according to the Florida Department of Safety and Motor Vehicles Bureau, you “must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.”

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Administrative License Process in Mississippi

If you are stopped for drunk driving in Mississippi the police officer will ask you to submit to a blood content test (BAC). Under Mississippi Implied Consent Laws you have implicitly agreed to submit to a blood alcohol content test (BAC) when asked to do so.

If you submit to the blood alcohol content test (BAC) and if your blood alcohol content is more than 0.08% or higher, your driver’s license will be confiscated and the law enforcement officer will give you a temporary driving permit.

Drivers have the legal right to request an Administrative License Hearing within 10 days from the date of the license suspension to investigate whether the administrative license suspension was valid. State administrative hearings may vary, but basically, in all states, the administrative license hearing allows the court to review the following facts:

• Whether the Mississippi officer had reasonable grounds to believe the
  arrested person had been driving, attempting to drive, or was in
  actual physical control of a vehicle while under the influence of intoxicating
  liquor, narcotics, or drugs.
• Whether the person was arrested
• Whether the person refused to submit to the blood alcohol content test (BAC) upon the request of the law enforcement officer
• Whether the officer informed the arrested person of his or
  her right to have a similar blood alcohol content test (BAC) or tests conducted by a person of his or her own choosing
• Whether the officer informed the arrested person of the
  fact that refusal to permit the blood alcohol content test (BAC)would result in suspension of his or her license or driving privilege

If this was your first drunk driving arrest and you did not refuse the blood alcohol test (BAC) you can generally get your hardship license after a 30 days suspension if you can prove that not driving will interfere with your employment, your education or your medical care. To prove hardship and get your hardship license you may need evidence or an affidavit from either your employer, medical physician or your school. If the court agrees to give you a hardship license you will have to pay a $150 fee.

Keep in mind, the administrative suspension hearing and subsequent license suspension is separate from the drunk driving suspensions and drunk driving penalties which may be assessed if you are ultimately convicted of drunk driving in Mississippi.

Convicted of drunk driving in Mississippi

What if you are convicted of drunk driving in Mississippi? If this is your first Mississippi drunk driving offense, your license will be suspended for 90 days to one year. For a second drunk driving conviction your license will be suspended for 2 years and for a third drunk driving conviction you may have your license suspended for 5 years.

How do you reinstate your license after you have completed your drunk driving suspension? You will have to do several things:

• Pay all of the fines for your Mississippi DUI.
• Pay the license reinstatement fee. Contact the Mississippi Department of Public Safety for the amount of your fines.
• Contact the DPS and make sure your record has been cleared.

Hiring a DUI lawyer in Mississippi

Regardless if you are simply requesting an administrative license hearing , you are fighting your third Mississippi DUI or if you need help getting your Mississippi hardship license,  it is time to contact a DUI lawyer. Mississippi DUI penalties and fines for DUI are very severe. Do not try to fight this alone.

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By the 1970s, the National Highway Traffic Safety Administration (NHTSA) had developed the Standardized Field Sobriety Test (SFST) in cooperation with the Southern California Research Institute. The NHTSA claims that this series of tests, if they are performed correctly, are valid indicators for a driver’s intoxication or impairment and can help police officers establish probable cause for a DUI arrest.

Washington, D.C. drivers, who have failed a field sobriety test, can contact a Washington, D.C. DUI lawyer for information. Washington, D.C. field sobriety tests can include: the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand test. Washington, D.C. police officers can use the results of these tests as evidence that the driver is driving under the influence of drugs or alcohol (DUI).

Driving under the influence of alcohol or drugs is illegal in Washington, D.C., and drivers can be arrested if their blood alcohol level is 0.08% or higher or if their driving is impaired by consuming any type of drug or alcoholic beverage. The field sobriety test is a valuable tool for field officers and although the evidence for the field sobriety test is not always used during a DUI trial, it can be used to establish probable cause for a DUI arrest.

Field sobriety tests are conducted by field officers who may fail to give adequate instructions or who may not take into consideration the limitations of certain drivers who perform the test. Washington D.C. drivers who are more than 50 pounds overweight, who have physical limitations, who are fatigued or who are over the age of 65 may have difficulty performing the field sobriety test accurately, even if they are sober. A Washington, D.C. lawyer can review a driver’s field sobriety test and determine if there are any factors, other than intoxication, which may have caused a driver to fail

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Washington, D.C. police officer will ask the driver to follow the path of either a small flashlight or pen as the officer moves it horizontally across the driver’s face. The horizontal gaze nystagmus (HGN) test can gage the involuntary jerking of the driver’s eye as it follows the object. Scientific studies have concluded that drivers that are impaired by alcohol or drugs will have a nystagmus which is exaggerated and will have trouble smoothly tracking a moving object. During the test, the Washington, D.C. officer observes the driver’s eyes as they follow the object watching for clues which suggest intoxication. Can the driver follow the object smoothly? Does the onset of nystgmus occur before the eye reaches 45 degrees? If the officer observes these clues he may conclude the driver is intoxicated.

Walk and Turn

For the walk and turn test the driver is instructed to walk 9 steps forward down an imaginary or real line, heel to toe. The driver than should turn and walk back 9 steps. The officer is observing if the Washington, D.C. driver can keep their balance, wait to start the test until after the instructions are given, walk heel to toe, stay on the line, keep their arms to their sides and not fall.

One Leg Stand

For the one leg stand test the driver is instructed to stand on one leg, hands to their side with the other foot suspended 6 inches from the ground. The officer or driver may count aloud for 30 seconds. If the driver puts their leg down, uses their arms for balance, falls, hops or sways it can be evidence of intoxication.

Hiring a Washington, D.C. Lawyer

DUI convictions carry severe, long-lasting penalties including loss of license, higher fines, and potential jail terms. Drivers who fail a field sobriety test in Washington, D.C., can get help from a Washington, D.C. attorney who specializes in criminal law. DUI lawyers in Washington, D.C., understand the complexities of DUI laws and can help Washington, D.C. drivers fight their DUI charges. No DUI lawyer can guarantee that they can get a DUI charge dismissed, but a knowledgeable and competent DUI lawyer is a driver’s best chance for a great DUI defense.

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