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Field Sobriety Test

In most areas, laws state that if you submit to a blood alcohol test and your blood alcohol level is greater than the amount set by law, you are considered intoxicated. Because the acceptable blood alcohol levels are often very low, you may be legally intoxicated even if you don't feel drunk. There are two ways to check the blood alcohol level in a person: by using a breathalyzer or by taking a blood sample.

If you submit to a blood alcohol test and the results show a blood alcohol level greater than the legal limit, you will usually be arrested and your driving privileges may be suspended for a period of time. So its extremely important to seek legal help as soon as you encounter such a problem.

Because acceptable blood alcohol levels differ from state to state, check with your local law enforcement agency for more information. They should also be able to provide you with information on responsible alcohol consumption. You can refuseto take a chemical test and there are many things you will need to know before you case is handled in a court of law.

In determining whether there is reasonable cause to believe that a person is driving while intoxicated, may police departments use "field sobriety tests." A suspect is requested to setp from his vehicle and engage in a number of physical acts which are designed to test the person's coordination for the purpose of determining intoxication. Examples of such test are: finger to nose, one leg stand, walk and turn, finger count, alphabet and horizontal gaze nystagmus.

A driver does not have to participate in field sobriety tests. Although a driver is deemed to have given consent to a "chemical test" for the purposes of determining intoxication, field sobriety tests are not chemical tests. Further, one of the basis for obtaining a chemical test is the existence of reasonable grounds to believe the suspect driver is DWI. Field sobriety tests are used to develop those reasonable grounds.

After pulling a vehicle over, the officer will ask the driver to step out of the vehicle in order to perform field sobriety tests. The determination of intoxication, however, starts well before this. Initially, the officer will evaluate the odor of the driver's breath, condition of eyes, color of face, demeanor, dexterity, speech and clothing.

As for demeanor, the officer is trained to note any changes in the driver's attitute. Although a request for the driver's license and registration is routine in most traffic stops, this provides the officer an opportunity to observe the driver's coordination and dexterity. Although these initial observations may provide sufficient suspicion for arrest, the field sobriety tests are most often relied upon.

Although a defendant is not obligated to perform field sobriety tests, the refusal to perform such test may be admissible against him or her at a trial.

For any legal issues you may have or if you feel your rights have been violated then contact me immediately.