Field Sobriety Test

In the first incident, Clayton Harris’s truck was pulled over by Officer Wheetley because it had an expired license plate. When Wheetley approached the vehicle the suspect

crime. If at the time of the traffic stop when she noticed that the taillight was not an

If there is no indication, for example, that an individual has driven recklessly or caused a car crash, and the officer at the scene has not observed any common signs of intoxication such as slurred speech, unsteady walk, or inability to understand, then there would be no probable cause. Case law has determined, simply noticing an odor of alcohol is not enough for probable cause. There must be some other indication for probable cause to require such a test as mandated by the Express Consent law. See People v. Roybal, 655 P.2d 410 (Colo. 1980). In People v. Roybal, the court ruled that where there is an absence of any indication that the defendant was at fault in causing the collision, than the police lacked the requisite probable cause to administer a

Instrumentation: The only device that I have used during my study is the internet. However, Law enforcement would use a breath analysis to determine the amount of alcohol in a person’s blood.

Some exceptions that have been argued in drunk driving cases are “exigent circumstances” and “search-incident-to-arrest.” The method that has been used in drunk driving incidents is a Blood Alcohol Content (BAC) test. The BAC test can be administered either through a breath test or a blood test. The courts have determined that taking a blood sample or administering a breath test constitutes a search within the meaning of the Fourth Amendment. Schmerber v. California, 384 U.S. 757, 767-768 (1966).

Law enforcement agencies throughout Maricopa County often conduct sobriety checkpoints. Like others who find themselves at such stops, you may be unsure of your rights. As a result, you could incriminate yourself. Therefore, it is important for you to understand your options to help protect yourself from an unwarranted arrest.

may ask you to submit to a blood, breath, or urine test to verify your blood alcohol level (BAL).

A preliminary breath test indicated a blood alcohol content level of at least .08 percent

Furthermore, they understand the factors that may compromise field sobriety tests and breath tests. Thus, it may be helpful for drivers who have been arrested for DUI to obtain legal representation. An attorney may question the accuracy of these types of tests, as well as whether their rights were upheld during the traffic stops that led to their arrests.

DUI’s have been on the rise in the past few years, therefore there have been many myths on how to not obtain a DUI or a DWI. New York became the pioneer state in which, they made to first drunk driving laws in 1910, followed shortly after California then the other forty-eight states followed. These DUI laws stated that a driver could not operate a vehicle while under the influence, although intoxication was not defined by legislature at this period of time. Then in the 1930’s committees wanted to make the roads safer. So The American Medical Association started a committee that studied the most common issues that lead to accidents. Also the National Safety Council created a study that determined intoxication, they reached a conclusion that a Blood Alcohol Content above 0.15 was intoxicated and anything under a person was sober, this became the first legal limit for BAC in 1938. Although as time progressed the laws became stricter, this was due to various groups that petitioned against drunk driving. The pressure from these organizations led to changes, such as raising the legal drinking age to twenty-one years of age, which was required for all states, yet drunk driving laws was not required by all police departments at this time. Then the legal limit was lowered to 0.10 from 0.15, then once lowered again to our legal limit we have to which is 0.08. The first myth to bust is the various amounts of ways someone can fool a Breathalyzer. The Breathalyzer is a small handheld

The motorist in the video Top 3 Sobriety Tests No. 2 aroused the officer's suspicion when her car was veering between lanes the highway. When stopped, the motorist seemed uncertain of what she was doing and where she was. "I don't know," she replied when asked how much she had to drink. She was barely able to put the car in park and seemed more concerned about tying her shoelaces than the test or her serious situation. Questions which often arise when determining if someone is driving under the influence are: "Does the person answer the officer's question or exhibit a stream of consciousness talking that bears no relation to the question? Does the person appear to be disheveled or unable to stay alert?" (Gaensslen, R.E., & Larsen 2010: 122). The woman in the video exhibited all of these 'red flag' signs. However, the officer's use of the field sobriety tests indicates that even when intoxication may seem 'obvious' it is still necessary to establish DUI with objective sources of information. The ability of the driver to perform the tests assigned

Driving under the influence is measured by a person’s blood alcohol level (BAC). BAC is determined by the concentration of alcohol in the bloodstream. Individual counties and states have their own legal level on blood alcohol percentages that they measure a person’s

Let's face it, getting pulled over by the police is scary. Even if you have done nothing wrong, seeing the flashing red and blue lights in your mirror is enough to send even the most stable person into a panic. If you know you might have violated a law, the situation can become even more tense. For example, if you know that you have partaken of alcohol, you may be afraid that you will end up in jail, or worse. After all, being arrested for a DUI is a serious offense that can be financially costly and carry with it implications that go beyond the pocketbook. Hopefully, this small primer will help to calm your nerves in the event of a South Carolina police stop.

When a person drinks, the alcohol is absorbed into the blood stream and various tests have been designed to

Used to deter drinking and driving, sobriety checkpoints are related more directly to educating the public and encouraging designated drivers, rather than actually apprehending impaired drivers. They offer authorities an educational tool. Education and awareness serve as a