Tag Archives: National Highway Traffic Safety Administration

What is involved in a Field Sobriety Test in Washington D.C.

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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.

What Happens During A Field Sobriety Test In Seattle

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Have you been arrested for DUI in Seattle? Did you refuse to take or fail a field sobriety test? If the answer to any of these questions is yes, you may need the help of a Settle DUI lawyer. Field sobriety tests are a valuable tool for Seattle law enforcement officers and are standardized tools to detect drivers who are driving under the influence of drugs or alcohol (DUI) or who have consumed alcohol and reached the illegal blood alcohol concentration (BAC) level but continue to drive.

States have a variety of names for drunken driving. Some states refer to it as DUI (driving under the influence) and others call it DWI (driving while impaired or intoxicated) or OUI (operating under influence). Regardless of the name, it is illegal in all states to operate a motor vehicle if you are unable to drive safely.

The National Highway Traffic Safety Administration (NHTSA) standardized the field sobriety test in the late 1970s, and today the test is comprised of three components: the horizontal gaze nystagmus, the walk and turn test and the one leg stand test. Police officers do not always use the field sobriety test evidence in court, but it is one tool an officer has to establish probable cause for a DUI arrest in Seattle. Evidence can also be gathered through observations of the Seattle driver’s driving and a chemical test of the driver’s blood, urine or breath.

Unfortunately, although the field sobriety test can be a great tool for gathering DUI evidence, it also is a subjective assessment of a driver’s condition and may not always produce conclusive results. Drivers who are fatigued, over-weight, aged or on other medications may not always perform the tests successfully.

Hiring a Seattle DUI lawyer

DUI attorneys in Seattle can review the field sobriety test results and other evidence gathered by the arresting officer to determine if the officer performed the test correctly and had enough evidence to arrest the driver for DUI. Seattle DUI lawyers defend hundreds of drivers each year and can answer all of the driver’s Seattle DUI questions and explain the potential DUI penalties drivers may face if they are convicted of DUI in Seattle.

Drivers may refuse to take a field sobriety test in Seattle, but whether or not that is a good idea can depend on a variety of factors. Police officers may not need to complete a field sobriety test to have probable cause to arrest a driver. Drivers who are arrested for DUI in Seattle may be required to submit to a chemical test of their blood, breath or urine. Under Washington’s Implied Consent Laws if a Seattle driver refuses to take the chemical test it can result in the immediate suspension of their driver’s license. This suspension may or may not be successfully challenged through an administrative hearing. Call a DUI lawyer in Seattle for more information about your DUI arrest.

Horizontal Gaze Nystagmus

Seattle police officers may use the HGN or horizontal gaze nystagmus to measure the rapid or involuntary movement of the driver’s eyeball. Scientific studies have proven that consuming drugs or alcohol can affect the ability of the brain to control the muscles in the eye. If the driver is unable to follow the movement of a flashlight or pen with a controlled, coordinated movement as it is slowly moved horizontally across the drivers face, it could be an indication they are intoxicated. Bouncing and jerking motions of the eye can be one side-affect of consuming alcohol or drugs. Seattle drivers who have taken certain medications or who have a congenital eye defect can also have reactions to the HGN test which mimics the reaction of consuming alcohol or drugs.

Walk and Turn

We have all seen the person on the side of the road walking a real or imaginary line, but what are they doing and why has the officer asked them to perform the walk and turn test? The officer is testing the driver’s coordination and balance and their ability to perform multiple tasks simultaneously. The walk and turn test requires the driver to take 9 steps with their hands at their sides and their feet stepping heel to toe. If the driver sways, falls or has to use their hands to balance themselves, it could be an indication that they are DUI.

Prior to the test, it is important for Seattle drivers to remove uncomfortable footwear, such as high heals, and complete the test on a dry, flat surface. Seattle officers should also give clear directions before the walk and turn test is begun.

One Leg Stand

Can a driver balance on one leg, their foot raised off the ground approximately 6 inches and count to 30? If not, it could be an indication they are intoxicated. Drivers can fail the one leg stand test if they fail to maintain balance, fall, shift, lose count or have to use their arms to balance themselves. The NHTSA estimates if this test is done correctly the accuracy rating can be as high as 83%.

A field sobriety test is a good tool and it can provide valuable evidence to Seattle law enforcement officers. Evaluating the results of the test is a subjective process, and Seattle officers can make mistakes. If you have failed a field sobriety test, contact a Seattle DUI lawyer.

What Happens In A Field Sobriety Test in Oakland

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Oakland law enforcement officers, like other officers across the state of California, use field sobriety tests to help determine if drivers are intoxicated or driving under the influence of drugs or alcohol (DUI). Field sobriety tests results are not always used in court to convict a defendant of DUI, but they are used to provide probable cause for a DUI arrest.

Field sobriety tests were standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute. The standardized test is comprised of three testing components: the horizontal gaze nystagmus test, the one leg stand test and the walk the line test. These tests have been scientifically proven to provide evidence of intoxication.

All states, including California, have made it illegal for drivers to operate a motor vehicle if their BAC or blood alcohol concentration is 0.08% or higher. Oakland drivers may also be charged with DUI or driving under the influence of drugs or alcohol if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Oakland officers who witness any type of illegal or erratic driving actions and have probable cause to believe a driver is intoxicated have the legal authority to stop the driver and ask them to submit to an Oakland field sobriety test.

Hiring an Oakland DUI Lawyer

Drivers who have failed a field sobriety test in Oakland, California, should contact an Oakland DUI lawyer. DUI lawyers in Oakland can help the driver potentially get their DUI charges reduced or dismissed. If a dismissal is not possible, a DUI lawyer may be able to negotiate a more favorable DUI sentence. DUI attorneys can build solid DUI defenses for their Oakland clients and help their clients avoid high fines, probation and potential jail sentences. Oakland DUI attorneys can not guarantee a dismissal, but they can provide professional, affordable DUI help.

Horizontal Gaze Nystagmus

The horizontal gaze nystagmus test allows the police officer to test the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball.”  To test the nystagmus the officer will move an object, generally a pen or small light, in front of the driver’s face and ask them to follow the light with out moving their head. Intoxicated drivers are less able to control their eye movements and their eyes generally have an exaggerated or jerking motion as they track the object. Sober drivers are generally able to track the light with a slow coordinated motion, unless they are taking certain types of medication, have neurological issues or have a congenital eye defect.

Walk and Turn Test

The walk and turn test has been developed to test a driver’s ability to perform a variety of simple tasks which most sober drivers can easily do. Drivers are asked to stand straight, face forward and walk heel to toe for 9 steps, turn and walk back. Can the driver stand straight and walk down the line with out falling, swaying or using their arms for balance? Did the driver follow directions? Did the driver walk heel to toe? The officer will evaluate each of these elements of the test. Multiple failures can be an indication of intoxication. Prior to the test, the Oakland officer should allow the driver to remove uncomfortable footwear, give clear instructions and make sure the test is performed on a solid, dry, flat surface.

One Leg Stand Test

The one leg stand test is similar to the walk the line test. It also measures the ability of Oakland drivers to complete a series of simple tasks. Oakland drivers are asked to stand straight, their arms to their sides and their face forward. The driver must raise one of their feet approximately 6 inches from the ground and count for 30 seconds aloud. Swaying, falling, losing count, or using their hands for balance is not allowed. The officer will track all testing failures. Multiple failures can be an indication of intoxication.

Refusing a Field Sobriety Test in Oakland, California

Can Oakland drivers refuse to submit to a field sobriety test? Yes, it is legal, but officers may have enough evidence of DUI with out the results of the test and decide to arrest the driver anyway.

Under California’s Implied Consent Laws, Oakland drivers have given their “implied consent” to submit to a chemical test of their breath, blood or urine if asked to do so by an Oakland police officer. Drivers who refuse to submit to a chemical test may have their California driver’s license immediately suspended. License suspensions can be challenged by filing an administrative appeal with in specified number of days from the DUI arrest.

If you have failed a field sobriety test in Oakland, California, or if you have refused to take a chemical test and need help filing the license suspension appeal paperwork, contact a DUI lawyer in Oakland. DUI attorneys in California can make sure you get the help you need and get you back on the road as soon as possible.

Understanding The Field Sobriety Test In Illinois

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Illinois drivers, who have consumed too much alcohol, can be stopped for DUI or driving under the influence of alcohol. Illinois police officers can use field sobriety tests to provide additional DUI evidence and to establish probable cause for an Illinois DUI arrest. Field sobriety tests are most effective at identifying drivers who have a blood alcohol concentration or BAC of 0.08% or greater- which is the illegal limit for every state.

Law enforcement officers have used field sobriety tests for many years. Field sobriety testing which was standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), are not always 100% accurate and can depend on the subjective analysis of Illinois police officers.

Illinois drivers, who have failed a field sobriety test, can contact an Illinois DUI lawyer for information about their Illinois DUI arrest. Contacting an Illinois attorney can allow a driver to challenge the reliability of the test. Certain conditions may make it difficult for drivers to pass a field sobriety test including:

  • The physical limitations of the Illinois driver
  • If the driver is more than 50 pounds over weight
  • If the driver is over the age of 65
  • Inadequate lighting for the test
  • Poor weather conditions
  • Inadequate testing instructions given prior to the Illinois test

Hiring an Illinois DUI Lawyer

Illinois DUI lawyers can help with every step of the DUI process including: evaluating the DUI arrest, determining if the police officer had probable cause for the DUI arrest and developing a DUI defense. A DUI conviction can have severe penalties for Illinois drivers including:

  • Paying high fines and fees
  • Attending a mandatory drug and alcohol education program
  • Requiring drivers to install an Ignition Interlock Device in their vehicle
  • Loss of driving privileges in Illinois
  • Performing mandatory community service

Horizontal Gaze Nystagmus

Illinois police officers can use the HGN or the horizontal gaze nystagmus test to measure the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the Illinois driver’s eyeballs”. While this condition is common for all drivers, it is pronounced for drivers who are intoxicated.

For the HGN test, an Illinois officer will have a driver track a small light or pen with their eyes while holding their head steady. Drivers who are not intoxicated can track the light with a controlled movement. Intoxicated drivers, however, will have an exaggerated jerking eye motion as they track the object. Police officers are supposed to grade a driver’s intoxication level using the NHTSA testing standards:

  • Is the Illinois driver able to follow an object consistently and smoothly with their eyes?
  • Is the driver’s Nystagmus distinct when the eye is at maximum deviation?
  • Is the angle of the onset of nystagmus prior to 45 degrees?

There are certain inhalants, barbiturates and medications which can also be detected with the HGN test. Fatigue, severe head injury, congenital eye defects and neurological conditions can also cause a driver to fail an HGN test.

Walk the Line Test

The walk the line test allows the Illinois police officer to determine if drivers are able to perform cognitive and physical tasks simultaneously. For the walk the line test the officer will ask drivers to stand on a real or an imaginary line, face forward, with their arms to their sides. The driver is than asked to walk 9 steps down the line, turn and return. Illinois police officers should use the NHTSA criteria to evaluate a driver’s intoxication level:

  • · Drivers are not able to balance on a line.
  • Drivers start the test prior to the completion of the instructions.
  • The driver loses balance prior to beginning of the test.
  • Drivers take the wrong number of steps.
  • The driver does not walk heel to toe.
  • The driver does not turn properly.
  • The driver stops midway through the test.
  • The driver has to use their arms to maintain balance.

The test should be performed on a solid, hard, dry surface. Instructions should be given prior to the test. Some drivers with physical limitations may have difficulty performing this test.

One Leg Stand Test

Illinois officers can also test the intoxication of drivers and whether or not they are DUI in Illinois with the one leg stand test. Prior to the one leg stand test the driver should be given directions and a demonstration of the proper testing technique. Illinois drivers are asked to stand straight, arms to their sides, facing forward. The driver should be able to raise one of their feet approximately 6 inches off the ground for 30 seconds. Illinois police officers should evaluate the driver on the four NHTSA testing criteria:

  • Is a driver able to maintain their balance with out swaying back and forth?
  • Does the driver have to bounce to keep from falling?
  • Does the driver lower their foot before the test is completed?
  • Does the driver raise their arms to stay balanced?

Did You Fail A Field Sobriety Test?

Drivers can be arrested for DUI if they are under the influence of alcohol and are unable to safely operate a motorized vehicle or if the driver’s BAC is over the legal limit. DUI attorneys in Illinois can evaluate an Illinois DUI arrest and make sure all of the proper DUI testing procedures were followed and the Illinois police officer had probable cause for a DUI arrest. Drivers may be able to legally refuse am Illinois field sobriety test, but it may not stop officer from arresting the driver for DUI.

What Happens During A California Field Sobriety Test

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California DUI lawyers can help all California drivers who have been arrested for DUI. California laws make it illegal for any driver to drive “under the influence” or DUI of any alcoholic beverage or drug. California DUI laws consider drivers DUI if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. California field sobriety tests provide officers with the tools to identify drivers who are DUI and are best used to determine if a driver is driving with a BAC of 0.08% or higher- which is illegal in every state.

Drivers who are arrested for a California DUI should contact a DUI attorney in California. Failing to get adequate DUI help can result in stiff California DUI penalties including:

  • High fines
  • Jail time
  • Installation of an Ignition Interlock Device
  • Mandatory drug and alcohol counseling
  • High insurance cost
  • Driver’s license revocation or suspension

Field Sobriety Testing Process in California

Standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute, field sobriety tests have become a valuable tool for law enforcement officers through out the United States. Although not 100% accurate, field sobriety tests do provide additional evidence of DUI and can help a California police officer establish probable cause for a DUI arrest. Field sobriety testing accuracy is increased if the officer:

  • Uses the proper field sobriety testing procedures outlined by the NHTSA
  • Evaluates the field sobriety testing results correctly with the NHTSA testing criteria

Horizontal Gaze Nystagmus

California police officers can use the HGN or the horizontal gaze nystagmus to test a driver’s nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Nystagmus is common in all drivers but intoxicated driver’s nystagmus is more exaggerated. For the HGN test the officer is evaluating the following NHTSA criteria:

  • The California driver’s ability to follow an object smoothly
  • If the Nystagmus is distinct when the eye is at maximum deviation
  • If the angle of onset of nystagmus is prior to 45 degrees

For the HGN test, the California officer will ask the driver to follow an object, most often a small flashlight or pen, as the officer moves it slowly in front of the driver’s face from left to right. Sober drivers should be able to trace the outline of the object with their eyes (holding their head steady) with a smooth, coordinated motion.

Certain medications, inhalants or barbiturates can interfere with the tests. Additionally, drivers who have a congenital eye defect, neurological condition, extreme fatigue or severe head trauma may also not be able to successfully finish the HGN test. The NHTSA has determined through their research that this test is 88% accurate if sufficient clues are identified.

Walk the Line Test

The walk the line test is the second component of the California field sobriety test, and it is used to determine a driver’s cognitive and physical capabilities while performing a series of simple tasks. Drivers are first asked if they have any back, head or neck injuries which would make it difficult to complete this test. Drivers are than asked to stand straight with their head forward and their arms to their sides. California drivers must take 9 steps down a real or imaginary line, turn and walk back. All of the steps should be made heel to toe, and the driver should keep their arms to their sides. The NHTSA has outlined the following criteria to evaluate a driver’s performance:

  • · Did the driver step off the line?
  • · Did the driver wait to start the test until the California officer completed the instructions for the test?
  • · Did the driver maintain their balance as the instructions were read or did they fall, hop or sway?
  • · Did the driver walk the correct number of steps?
  • · Did the driver walk heel to toe?
  • · Did the driver turn properly?
  • · Did the driver stop before the test was completed?
  • · Did the driver use their arms for balance?

The walk the line test should be performed on a flat, dry surface. The California driver should be allowed to remove any foot wear which could hurt the testing results. The NHTSA has determined that 79% of drivers who fail two or more testing criteria will have a BAC of 0.08% or higher.

One Leg Stand Test

California drivers may also be asked to perform the one leg stand test, which like the walk the line test, is a test of the driver’s ability to complete simple mental and physical tasks. For the one leg stand test, the California driver is asked to stand straight, head forward and arms to their sides. The driver must raise one of their feet 6 inches off the ground for approximately 30 seconds. The California police officer will evaluate the driver on the following NHTSA criteria:

  • · Did the driver stay balanced with out swaying back and forth?
  • · Did the driver have to jump or hop to stay balanced?
  • · Did the driver have to put their foot down before the test was completed?
  • · Did the driver have to use their arms to maintain their balance?

In Conclusion

California field sobriety tests are a valuable tool for law enforcement officers to establish probable cause for a DUI in arrest in California. They are not perfect, and officers can make mistakes and misinterpret the DUI testing results. California drivers who have failed a California field sobriety test need DUI help from a California DUI lawyer. Failing a field sobriety test, refusing to take a field sobriety test or being arrested for DUI in California can have severe penalties. Contact a DUI California lawyer for more information about your DUI arrest.

What Happens During A Field Sobriety Test In Fort Worth

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Fort Worth police officers have several methods they can use to gather evidence a driver is driving while intoxicated (DWI) in Fort Worth, Texas. Observation of erratic or illegal driving actions, the physical characteristics of the suspect and a field sobriety test can all provide invaluable information about a driver’s sobriety. Combined together this information may give the arresting officer probable cause to arrest a driver and charge them with DWI.

Drivers may be charged with DWI in Fort Worth if their BAC or blood alcohol concentration is 0.08% or higher or their driving is impaired from consuming alcohol or drugs. Fort Worth drivers may be impaired and unable to drive safely with out reaching the illegal BAC limit.

The field sobriety test, standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), is comprised of three tests: the horizontal gaze nystagmus, the walk and turn and the one leg stand. The field sobriety test has been used for the last forty-years by officers through out the United States including Fort Worth, Texas. The field sobriety test is a valuable tool for identifying intoxicated drivers, but it is not infallible. Fort Worth drivers who are fatigued, over-weight, elderly or not physically fit may all have difficulty completing the test.

Hiring a Fort Worth DWI lawyer

If you have failed a field sobriety test in Fort Worth, a Fort Worth DWI lawyer should be contacted. A DWI conviction in Fort Worth carries harsh penalties, and drivers, who do not have adequate legal representation, may be forced to pay high fines, spend time in jail or have their license suspended. Fort Worth DWI lawyers understand the complexities of Texas DWI laws and can help drivers fight their DUI charges.

Horizontal Gaze Nystagmus

Fort Worth police officers can use the horizontal gaze nystagmus or the HGN test to measure the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Drivers who are unable to follow a pen or a small flashlight as it moves slowly in front of their face with a coordinated and smooth motion may have consumed alcohol or drugs. Scientific studies have indicated intoxication can lead to exaggerated, jerking motions of the eye. Unfortunately, some drivers who have to take certain medication or who have a congenital eye defect may also have trouble completing the test. The NHTSA has stated this test, if done correctly, can have an accuracy rate of 88%.

Walk-and-Turn

Fort Worth police officers may also have drivers complete a walk and turn test to test their sobriety. The walk and turn test requires drivers to walk, heel to toe, with their arms at their sides, down an imaginary or real line for nine steps, turn and walk back- all with out falling, swaying or raising their hands. Police officers will notice if a driver loses their count, takes a misstep or stops before completing the test. Drivers who make a mistake on multiple test components may be intoxicated. Fort Worth police officers should give clear instructions before the driver attempts the test and the test should be done on a flat, hard surface.

One-Leg-Stand

Fort Worth police officers may have the driver complete a one leg stand as the final part of the Fort Worth field sobriety test. Drivers are asked to stand straight, arms to their side, head straight and raise one of their legs approximately 6 inches from the ground while either the driver or the officer counts a loud. If the driver is unable to hold their leg up and maintain balance, they may fail the test. The NHTSA has estimated the accuracy of this test is approximately 83% if the driver fails several of the test components.

Hiring a DWI lawyer in Fort Worth, Texas

Refusing to submit to a chemical test or failing a field sobriety test are both two good reasons to contact a DWI lawyer in Fort Worth, Texas. Field sobriety tests can be a good tool for police officers to establish probable cause for a DWI arrest, but drivers who are taking certain medications, extremely fatigued, more than 50 pounds overweight or who have other physical limitations may have trouble completing the test. In some cases the subjective conclusions of the arresting officer may have been incorrect.

Fort Worth DWI lawyers handle hundreds of DWI cases each year and can review every aspect of the DWI arrest. If you have been arrested for DWI in Texas, do not despair. DWI lawyers understand Texas DWI laws and can get you the help you need.

What happens in Columbus during a Field Sobriety Test

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If you are operating a vehicle while impaired (OVI) and you are stopped by a Columbus police officer, you may be asked to perform a field sobriety test. Field sobriety tests have been used for years by police officers nationwide to help determine if drivers are intoxicated. While it is legal to refuse to submit to a Columbus field sobriety test, it may not stop drivers from being arrested and charged with an OVI. Field sobriety test results may or may not be used in court as evidence of a driver’s sobriety, but they are an invaluable tool used by Columbus law enforcement to help determine if a driver has the balance and coordination to operate a motor vehicle.

Field sobriety test were standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA). A Columbus field sobriety test includes three basic tests: the horizontal gaze nystagmus, walk and turn and the one leg stand. The results of the field sobriety test may not always be accurate or conclusive especially if the Columbus driver is over the age of 65, physically or mentally impaired or more than 50 pounds over-weight. Many Columbus drivers may have trouble completing the Columbus field sobriety test even if they are completely sober.

Columbus police officers gather evidence of a driver’s intoxication before, after and during a traffic stop. Columbus drivers who are weaving, swerving or driving too fast or slowly may be intoxicated. Columbus police officers also examine the physical characteristics of a driver. Is the driver stumbling? Do they have blurry or blood-shot eyes? This could mean they are DUI or driving under the influence of drugs or alcohol.

Columbus drivers who have failed a Columbus field sobriety test should contact a Columbus DUI lawyer as soon as possible. A Columbus OVI conviction is not like other moving traffic violations. Columbus drivers can face a variety of serious penalties and fines which can have lasting consequences.

  • Horizontal Gaze Nystagmus – Columbus police officers use the horizontal gaze nystagmus test or HGN to measure the nystagmus or the movement of the driver’s eye as a light or pen is moved in front of the driver’s face. Alcohol or drug intoxication has been scientifically proven to impact the ability of the brain to control the eye muscles. If the Columbus driver is unable to track the light in a coordinated motion, with out jerking or erratic eye movement, they could be intoxicated. They also may have a neurological disease or congenital eye defect.
  • Walk and turn – Columbus officers may also have a driver perform the walk and turn test. The Columbus driver must stand with their hands to their side and walk 9 steps forward, turn and walk back. Drivers who are unable to walk the line with out moving their arms, falling or swaying may be intoxication.
  • One leg stand – The Columbus police officer may also have the driver complete the one leg stand. Columbus drivers are asked to stand straight, put their arms to their sides and hold their leg approximately 6 inches from the ground. Either the driver or the field officer will count aloud for about 30 seconds. The driver should be able to stand straight with out falling, lowering their leg or raising their arms. Unfortunately, this test may be difficult for certain drivers who do not have good coordination or balance or who are not physically fit.
  • Finger to the nose – Columbus police officers may have additional non-standardized tests they can use to identify an intoxicated driver. Counting backwards, reciting the alphabet and the finger to the nose test may also be used. Can the driver lean their head back, close their eyes and touch their nose? If not, they could be intoxicated.

Hiring a Columbus DUI lawyer

Columbus drivers who have failed a field sobriety test in Columbus, Ohio, should contact a DUI lawyer. Field sobriety test are an important tool for the Columbus police department, but they can be inaccurate if they are done improperly. Unfortunately, even positive test results can lead to inaccurate conclusions about a driver’s sobriety.

Drivers who refuse to submit to a field sobriety test in Columbus may be asked to take a chemical test (blood, breath, urine) to test their blood alcohol concentration (BAC). Columbus drivers, under Columbus Implied Consent Laws, have agreed to submit to these tests in order to drive in Ohio. Drivers who fail this test or who refuse to take this test can face a license suspension of up to 1 year.

Dallas Field Sobriety Tests

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Field sobriety tests have been developed and standardized by the National Highway Traffic Safety Administration (NHTSA), and police officers through out the United States have been using these tests for years to determine if drivers are driving under the influence of any type of alcohol or drug. Dallas police officers routinely use a field sobriety test to evaluate whether or not Dallas drivers are driving while intoxicated (DWI) on Texas roadways.

Field sobriety tests include three basic components: the horizontal gaze nystagmus, walk and turn and the one leg stand. These test combined with other evidence which is collected by the Dallas police officer including a driver’s physical appearance (blood shot eyes, slurred speech, in ability to walk) and their erratic driving before the traffic stop can give the officer a good idea of whether or not a driver is DWI.

Drivers may refuse to take a field sobriety test, but if a police officer has gathered enough information to convince him he has probable cause to arrest a driver, he may decide to arrest the driver for DWI with out performing a field sobriety test. Drivers, under Texas Implied Consent Laws, have already given their implied consent to submit to a chemical test (blood, breath, urine) if they are asked to do so by a Dallas police officer. Refusing to submit to a chemical test can result in an immediate suspension of a driver’s Texas license.

The field sobriety test, when performed correctly, can be an effective tool for identifying intoxicated drivers, but it does have limitations. Many drivers who are tired, over-weight, elderly or have other physical or mental impairments may have difficulty properly performing the field sobriety test.

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Dallas police officer measures the driver’s nystagmus or the involuntary movement of the driver’s eye as it tracks a light or pen. Drivers who are unable to follow the light in one fluid motion may have consumed alcohol or drugs, or they may have a neurological disease or congenital eye defect.

Walk and turn

The next part of the field sobriety test includes the walk and turn test. Dallas police officers may have drivers put their hands to their sides and walk heel to toe for 9 steps and turn and retrace their steps. Drivers who can not walk a real or imaginary line with out falling may be intoxicated. Other conditions may also affect a Dallas driver’s ability to perform this test including inappropriate footwear, communication barriers, poor weather conditions and a driver’s weight or age.

One leg stand

The final step in the field sobriety test is the one leg stand. Dallas drivers are asked to stand straight with their arms at their side and their feet together. Next they are required to raise their leg approximately 6 inches off of the ground. Falling, swaying or raising their hands to maintain balance may indicate the driver is intoxicated.

Finger to the nose

Dallas police officers may have several other non-standard tests which they can use to test for intoxication such as counting backwards or the finger to the nose test. The finger to the nose tests requires Dallas drivers to lean their head back, close their eyes and press their finger to their nose.

Hiring a Dallas DWI lawyer

Being arrested and charged with a DWI can lead to an automatic driver’s license suspension. To save your driving privileges you may need the help of a Dallas DWI lawyer. DWI lawyers in Dallas can file the proper paperwork for your Administration License Revocation hearing which must be done with in 14 days after the date of your DWI arrest.

Dallas DWI attorneys have the skills necessary to find the weaknesses in the prosecutor’s DWI case. Do not fight a DWI charge alone. DWI law can be complex, but a Dallas DWI criminal defense attorney can help you build a solid DWI defense.

Facing DUI Related Accidents In Pennsylvania

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Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring  in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver  involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of Pennsylvania, there were 556 deaths attributed to alcohol which represented 36% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like Harrisburg, Lebanon, and Carlisle, Pennsylvania.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Pennsylvania and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You may need a legal professional to help advise you on what to do and how to protect yourself. Contact us and we will help you find an attorney in the area where you live that can help you face your DUI charge..

Facing DUI Related Accidents in Texas

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Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring  in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver  involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of Texas, there were 1,544 deaths attributed to alcohol which represented 45% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like McAllen, Edinberg, and Mission, Texas.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Texas and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now, and we will help you find an attorney in the area where you live that can help you deal with the charges you are facing.