DWI Blog Review
Jon Katz posts about the junk science aspects of the standardized Field Sobriety Tests. Tests able to detect the presence of alcohol, but not the level of alcohol, such as the HGN should be recognized as such.
Lawrence Taylor finds a story about a DWI enforcement officer who himself refused to submit to a breath test when investigated for drunk driving. (That should tell you all need to know about whether or not it is a good idea to provide a breath test.)
George Creal finds himself encouraged by the Palm Beach Police Department’s long standing policy of providing rides home for folks who feel they’ve had too much to drink.
Stephen Isaacs discusses the requirements for probable cause to arrest for DUI.
Washington State DUI Blog describes the Finger to Nose field sobriety test. Despite, as he notes, this not being among NHTSA’s battery of standardized field sobriety tests, it’s not unheard of for me to see it administered to some of my Austin clients accused of DWI. (If I haven’t yet received a response based on my request for the arresting officer’s training records, this can sometimes be an initial indication to me that the officer who arrested my client doesn’t always “go by the book”.)
Guy Sharpe discusses one of the physiological differences between men and women that can lead to an overestimation of true breath alcohol content during testing.
I hope my Finger to Nose post was not misleading. That field sobriety test is used quite often by the Seattle Police Department for DUI investigations.
My comment that the Finger to Nose field test is not one of the Standardized Field Sobriety Test is accurate. Standardized Field Sobriety Tests
This does not mean law enforcement agencies do not use this test. It merely points out that the Finger to Nose test did not produce the results necessary to become a Standardized Field Sobriety Test.
I don't think your post was at all misleading. My point was (supposed to be) this: in Texas, I can probably get the results of that test supressed, or at least I can argue it should be. As a result, its usually less experienced DWI officers that ask folks here in Austin to perform that test.
The less experienced the officer, potentially the better case for my client.
(I wouldn't have linked to your post if I didn't think it had value. Heck, I have a picture of a guy actually doing the Finger to Nose in the template of this blog!)
Just as I left the practice of law to play with computers, Washington State made a new DUI law. RCW 46.61.506. This makes it virtually impossible to keep the breath test ticket out of evidence.
It was argued in the Supreme Court that the provision directing courts to admit the evidence no matter what as a separation of powers violation. Our wonderful elected Supreme Court ruled they did not have a problem with such legislation. Unless someone finds a way to get it up to the Federal level, the defense bar here has tough battles in court.
Great blog by the way.