DWI LEGAL-DWI OFFENSES
Behavior Observation Defenses
An officer may also testify as to a DWI suspect's appearance and behavior when questioned, including:
Slurred speech
Bloodshot eyes
Inappropriate joking or incoherent speech
Stumbling or not being able to walk very far
Pupil enlargement
Defenses to these observations that don't have anything to do with being intoxicated may include:
Lack of sleep
Allergies
Contact lenses
Stress due to personal circumstances
Medications
Foods recently ingested
Nervousness over being stopped by police
Physical impairments
Field Sobriety Test Defenses
When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called "field sobriety tests." These tests are designed to assess your physical and mental alertness, and can include:
Walking a straight line
Walking backwards
Reciting the alphabet, frontwards or backwards
Standing on one leg
DWI LEGAL-DWI OFFENSES
Q: Do I have to submit to a field sobriety test?
A: Field sobriety tests are used by an officer to help determine if, in his opinion, you're under the influence of alcohol and should be arrested for drunk driving. The officer may place you through a series of balance (walking an imaginary line or leaning back with eyes closed), coordination (counting on the fingers or touching a finger to your nose while your eyes are closed), or mental (reciting the alphabet or counting backwards) tests.
Whether you must obey the officer and take the tests depends on the laws of your state.
DWI LEGAL-DWI OFFENSES
Q: Do I have to take a breath test or can I insist on another test?
A: All of the portable devices used by police have to be approved by the National Highway Traffic Safety Administration (NHTSA).
Whether you have the option to choose the test you take depends on the laws of the state where you were stopped. Refusing to take a blood-alcohol test can have serious consequences, including an automatic suspension of your license for 90 days to one year, in addition to being prosecuted for drunk driving.
Behavior Observation Defenses
An officer may also testify as to a DWI suspect's appearance and behavior when questioned, including:
Slurred speech
Bloodshot eyes
Inappropriate joking or incoherent speech
Stumbling or not being able to walk very far
Pupil enlargement
Defenses to these observations that don't have anything to do with being intoxicated may include:
Lack of sleep
Allergies
Contact lenses
Stress due to personal circumstances
Medications
Foods recently ingested
Nervousness over being stopped by police
Physical impairments
Field Sobriety Test Defenses
When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called "field sobriety tests." These tests are designed to assess your physical and mental alertness, and can include:
Walking a straight line
Walking backwards
Reciting the alphabet, frontwards or backwards
Standing on one leg
DWI LEGAL-DWI OFFENSES
Q: Do I have to submit to a field sobriety test?
A: Field sobriety tests are used by an officer to help determine if, in his opinion, you're under the influence of alcohol and should be arrested for drunk driving. The officer may place you through a series of balance (walking an imaginary line or leaning back with eyes closed), coordination (counting on the fingers or touching a finger to your nose while your eyes are closed), or mental (reciting the alphabet or counting backwards) tests.
Whether you must obey the officer and take the tests depends on the laws of your state.
DWI LEGAL-DWI OFFENSES
Q: Do I have to take a breath test or can I insist on another test?
A: All of the portable devices used by police have to be approved by the National Highway Traffic Safety Administration (NHTSA).
Whether you have the option to choose the test you take depends on the laws of the state where you were stopped. Refusing to take a blood-alcohol test can have serious consequences, including an automatic suspension of your license for 90 days to one year, in addition to being prosecuted for drunk driving.
0 comments:
Post a Comment