Field sobriety tests are the subject of hot debate. On one hand, a motorist that's clearly over the legal alcohol limit will usually display characteristic behavior that makes them easy to spot. On the other hand, many of the field tests require skills that could be compromised for reasons other than inebriation. In fact, in a U.S. Department of Transportation study, no field sobriety test was 100% accurate. This makes it difficult to say whether these tests are useful or a detriment to motorist's basic rights. To better understand this debate, it's useful to look at each individual type of field sobriety test. Each one has specific strengths as well as situations where it isn't necessarily the most appropriate measure. Horizontal Gaze Nystagmus …show more content…
In this field sobriety test, the officer will ask you to move your gaze to the side while tracking a pen or other object. They will often pair this with a flashlight to aid in their ability to accurately observe your eyes. The signs of impairment that they're looking for include: Inability to smoothly track the object Eyeball twitching at the extreme angles Earlier twitching as your gaze progresses to the extremes Inaccuracies in this test come from two major sources. The first is the environment. Wind, light, and other variables can cause involuntary reactions from your eyes in a field test environment. These can often be misinterpreted as a sign of impairment, even with experienced officers. Also, since most field tests happen at night, headlights and other flashes make this scenario even more likely. The second source of inaccuracy comes from the medical history of the motorist. There are a number of medical reasons for nystagmus, including nearsightedness, epilepsy medications, and inner-ear inflammation. The attending officer might not know of these conditions--in fact, the motorist themselves might not know if they have an inner-ear infection. For these reasons, it's perfectly conceivable that sober motorists could fail the horizontal gaze nystagmus test. Walk and …show more content…
There are a number of legitimate physical reasons why a person's natural stride involves their big toe pointing away from their center line. For these individuals, a heel-to-toe step is actually quite difficult--worse so when combined with the nerves and anxiety of a traffic stop. One-Legged Stand This classic sobriety indicator involves the motorist standing on one leg for thirty seconds. Any wobble or excessive use of arms to balance could indicate a significant impairment. Of all the tests used to screen for inebriation, this one is arguably the most unfair. Even athletes have issues with this position, and focus on it in their training for maximum performance. On top of that, the inability to perform this pose has been linked to damaged blood vessels in the brain--indicating a higher risk of having a stroke. Regardless, unless you practice this position regularly, it's likely that you'll fall out of a one-footed stance, even if you haven't had too much to
The facts are plain and simple, that alcohol and driving do not mix. About three in every ten Americans will be involved in an alcohol related crash at some time in their lives. Every single injury and death caused by drunk driving is totally preventable. To curb this national travesty, concerned Americans need to examine the problems, the effects, and the solutions to drunk driving. First of all, America has had a problem with drunk driving since Ford perfected the assembly line. Alcoholism is a problem in and of itself, but combined with driving can have a wide range of effects. The consequences of this reckless behavior can include a first time DUI or licenses suspension; a small fender bender, or worst of all a deadly crash. Most
It is a tragic truth: About 10,000 lives are lost in the United States because of drunk driving each year. Alcohol is wildly known as one of the main reasons of causing social security issue. Small amount can make people feel relaxed, but bigger amount could make them loss their coordination, get feeling of confusion and disorientation, and significantly slowed their reaction time. On average, one person dies every hour because of alcoholic traffic accident in United State. Therefore, the NTSB put out a recommendation last May that the legal blood alcohol content (BAC) level for drivers should be lowered from the current level of .08% to .05%. But for several reasons, we shouldn’t lower the
Introduction: long ago the government banned the ability to make alcohol. This has caused a huge uproar which then people started to boot legging, as more and more people started to drink in the safety of their own homes. After the government saw how people were protesting this new law, they decided that they should left the ban. Since then people were able to drink in public, which in return has created another issue, now that they are drunk at a bar, how do they get home. Rather than taking the safe option and utilize some of the state and local programs and call a tow truck, the Driver chooses to just drive how drunk. They think that it’s ok, since they do not have their full mind.
As to my own part, having turned my thoughts for many years, upon this important subject, and maturely weighed the several schemes of our projectors, I have always found them grossly mistaken in their computation. It is true. There are not enough drivers who drive under the influence. In the year 2001, MADD Online approximated that only one in ten drivers, a mere 25 million, drove drunk, and, consequently these drivers were the ones significantly more likely to be involved in a crash of some sort, but why shouldn’t we level the playing field? (1)
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).
First off, I do not drink. Yet, I’ve had many experiences relating to drinking and driving through my friends. One thing I’ve noticed is that it is extremely hard for people to tell if they are legally drunk or not. Furthermore, I have never heard any
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.
“In the hands of an impaired driver, a vehicle becomes a murderous weapon.” ( ) Everyone can think of someone who has driven impaired, or even maybe you have done it yourself. The fact that one can think of someone who has driven impaired is a problem. Too many people are getting behind the wheel after drinking, smoking; or are not paying attention while they drive. Impaired driving continues to a problem although strides have been made to make a difference. There are many different types of impaired driving, each that have their own consequences. These types, and consequences will be explored in this essay.
Field sobriety tests are usually performed before more scientific tests to determine if a driver
"What happens in real life...there are people who have been arrested and convicted of drunk driving," McDonald said. "Following that conviction they were suspended. People we know violate those laws repeatedly and they may have been picked up repeatedly. We know they're driving without insurance and often intoxicated. We want to make sure that if they're driving at all, they're driving sober."
Alcohol-impaired driving fatalities were 1,028 in 2008 for the state of California (Century Council). Of those deaths, 68% of the drivers were considered “Hardcore Drunk Drivers”; drivers who had a BAC level of 0.15+ (Century Council). Unfortunately, the drivers who got behind the wheel of those vehicles now have to deal with the fact that they slaughtered a person(s), because they made the choice to drive their car when they knew they had consumed alcohol.
Driving under the influence has affected many people's lives and families. Today I would like to talk to you about the problems of drinking and driving, and why it is a concern for all of us. Driving under the influence is one of the most common and dangerous situations you can put yourself or someone else in. The fact is that drinking and driving is a huge deal and can leave a long trail of broken dreams and hearts. If you drink and drive, not only are you putting yourself at risk, but your passengers and the pedestrians outside of your vehicle. According to the most recent statistics by the National Commission Against Drunk Driving states that 17,000 Americans die each year in alcohol- related traffic crashes and 600,000 Americans
Driving under the influence has affected many people's lives and families. Today I would like to talk to you about the problems of drinking and driving, and why it is a concern for all of us. Driving under the influence is one of the most common and dangerous situations you can put yourself or someone else in. The fact is that drinking and driving is a huge deal and can leave a long trail of broken dreams and hearts. If you drink and drive, not only are you putting yourself at risk, but your passengers and the pedestrians outside of your vehicle. According to the most recent statistics by the National Commission Against Drunk Driving states that 17,000 Americans die each year in alcohol- related traffic crashes and 600,000 Americans
A good theoretical basis exists for believing that properly conducted sobriety checkpoints and campaigns, may reduce drunk driving, and data from multiple checkpoint programs support this belief. The courts have upheld the constitutionality of checkpoints, opposing those who believe them to violate the fourth amendment. Each year, more deaths result for alcohol-related automobile accidents than any other cause. Sobriety checkpoints, along with media coverage and cooperation from multiple groups, are a necessity to reduce the amount of drunk driving in America.
Driving under the influence of alcohol has affected and devastated countless people’s lives. Driving under the influence is one of the most dangerous situations you can put yourself or someone else into. The evidence against driving while intoxicated is massive and it has left a long trail of broken dreams and lives. If you drink and drive, not only do you possibly put yourself at risk, but your passengers and pedestrians, and other people on the roads. According to the most recent statistics by the National Commission Against Drunk Driving is that 17, 000 Americans die each year in alcohol-related traffic crashes and 600,000 Americans are injured. (National Commission Against Drunk Driving, 2003). That’s an average of one fatality every