18 November

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There’s A New Standardized Field Sobriety Tests “Guide”

Standardized Field Sobriety Tests are commonly known as the roadside activities that police officers ask drivers to perform if the officer suspects that the driver is impaired by alcohol or another impairing substance. We call them "stupid human tricks." Contrary to popular understanding and belief, many of these tests have little basis in science, and the ones that do are frequently performed incorrectly.NHTSA has developed a new "GUIDE" in assessing Standardized Field Sobriety Tests. The new (March, 2013) version focuses more on having law enforcement recognize and administer tests to determine impaired driving by substances other than alcohol. No new scientific studies...

12 April

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Nonstandardized Field Sobriety Tests

Posted by Dayton DUI

in DUI Law

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers. The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment. The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2) walk & turn; (3) one-leg-stand. The officer is trained to administer the tests in a standardized fashion and record "clues" of impairment as evidenced by the subject's performance on the tests.Often, you will encounter a circumstance where the officer employs an non-standardized field sobriety test. These...

10 September

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Illegal Police Stops (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which includes being unlawfully or illegally pulled over or stopped by law enforcement. An officer cannot simply pull you over based on a hunch or intuition. When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation. State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575. The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma. Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b). However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c). The high...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

17 February

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The Prescription Drug Defense

Posted by Dayton DUI

in Drugs & Alcohol

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs. Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment. You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent. The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment. Challenging the officer's observations...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

19 May

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Standardized Field Sobriety Tests

Posted by Dayton DUI

in Uncategorized

The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court....

13 April

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Standardized Field Sobriety Tests: What to Expect

Posted by Dayton DUI

in Uncategorized

Here is a VIDEO explanation of the Standardized Field Sobriety Tests from a live drinking session conducted by the Daytona Police Department. Ohio DUI lawyer Charles M. Rowland has been certified in the administration and evaluation of the Standardized Field Sobriety Tests by attending the same National Highway Transportation Safety Administration class that is taken by law enforcement officers. If you find yourself in need of an aggressive DUI attorney, contact Charles M. Rowland II at www.DaytonDUI.com, by calling 937-318-1DUI (318-1384) or 1-888-ROWLAND. ...

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