Abcs Of Sfsts – Devising Strong Dui Defence

By Author: Rakesh Sharma
Total Articles: 85
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Standardized Field Sobriety Tests, as you may know or otherwise is totally voluntary so do not have any doubts if you are caught by a cop; it is up to you to give a test and you can consult your lawyer if you still have any kind of apprehensions about the same. Almost every DUI/DWI lawyer will tell you that the Field Sobriety test is no obligation and give it only if you are comfortable. And there are certain factors that all of us should be aware of the SFST’s or the Standardized Field Sobriety Test. First thing we already know is there is no hard and fast rule to undergo such a test if caught by a police officer. Second, the cops do it to ensure whether the driver is under the influence of alcohol or drugs while driving rather he executes the test to check if you are stable enough to drive or not. The three SFST’s recognized and accepted by the courts in the US and also by the NHSTA or the National Highway Transportation Safety administration is as follows:

The first is the walk and turn test in which the driver is asked to nine steps heel-to-toe with arms down on a straight line and then he/she is asked to turn ...
... back and walk nine steps heel-to-toe towards the cop. During the test the officer will be looking for certain signs to book you and they are as follows: unable to balance on the line, starting the test very quickly, pausing while walking, unable to touch the heel to toe, crossing the line, using arms to maintain balance, losing balance while turning or turning in the wrong way and taking less or more number of steps than instructed.
In the Horizontal Gaze Nystagmus test the eyes jerk involuntarily when the gaze moves from side to side. During this test the officer will look for three signs of impairment; the eyes cannot move slowly while following the object, distinct eye jerking and whether the eye is jerking within 45° off center.
The third test is the one leg stand, where in the driver is asked to stand with his/her leg up by about 6 inches above the ground level say about for 30 seconds, while the officer looks for certain signs to check for impairment; swaying while trying to maintain balance, using arms to balance, hopping and resting the foot down.

The above are the three common tests conducted if you are caught by a police officer, apart from these the officer can hold other non-standardized tests to charge you with alcohol consumption and an individual is considered fail even if he/she scores 9/10, so the basic idea of these tests are designed to fail you anyway and the best option is to courteously say no to such tests, as they are not obligatory. And if you are in fact innocent the BAC evidence or the blood alcohol concentration, which should not exceed .08 level will help you come of the legal tangle. But one thing to remember is physical impairment can be curtailed with a person’s tolerance level but your mental impairment gets screened through BAC and there is no escaping from that.

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