|
Home  Fight Your DUI Sobriety Test Issues Breath Test Issues DUI Calculator Felony Law Juvenile Law Contact Us    | |||
 (This is just the tip of the Iceberg) 1. Physical disabilities: Although it is obvious that injuries or disorders that affect balance and coordination are highly relevant, many arrestees forget to disclose these to the police and even their own lawyers. Any disorder might provide an explanation for a persons less than perfect performance on roadside sobriety tests. 2. Overweight: The original studies conducted during the 70’s to establish standardized field sobriety testing determined that 2 of the 3 Standardized Field Sobriety Tests were not valid for those subjects 50 pounds or more overweight. Both the “Walk and Turn” and the “One-leg Stand” tests are not valid for these individuals. 3. 2” Heels: The same studies mentioned above determined that those wearing 2” or greater heels should be given the opportunity to remove them. Ironically it might be more difficult to perform barefooted. This is especially true as the condition of the pavement degrades. Even on seemingly level asphalt, there are small pits and dips in the surface that might allow a bare foot to become off balance while a larger hard sole of a shoe might act as a platform covering those surface imperfections. 4. NO Visible Line: The Walk and Turn test requires a “designated” line upon which to walk. Many times this test is performed w/o a line. The original studies and training manuals required a “visible” line. However no research has been conducted negating the “visible” line requirement despite the change in the training manuals. 5. HGN: The Horizontal Gaze Nystagmus test is designed to examine an involuntary jerking of the eyeball as it follows a moving stimulus. The jerking can be caused by alcohol consumption. This test is the most frequently misunderstood test of the 3 test battery. From reviewing actual on-dash video recordings of DUI arrests, it is the test that police most often administer incorrectly. Usually the officer’s understanding and performance is so deficient as to benefit the Defendant at trial. |
 A DUI is not a sentence. You can fight it and you can win. Be sure of your rights and be sure they were abided by. Did you know?
|