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Field Sobriety Tests

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Field Sobriety Tests Troy Murrain CRJ 311: Forensics Professor Janice Bella September 15, 2013

A field sobriety test is often used by law enforcement to detect impairment from an individual or individuals they might suspect is driving under the influence. There are pros and cons using this field sobriety tests in which an individual can be prosecuted and not be over the alcohol limit because in certain aspects we have individuals failing the field sobriety tests such as the walk and turn DUI test and might have a physical impairment in which the accused individual cannot perform the “test” correctly.

According to osbar.org, the term under the influence means it is illegal to drive with any degree of impairment that is caused by drugs or alcohol or a combination of both (www.osbar.org).

According to osbar.org, the prosecutor does not need to prove that you were drunk or intoxicated in order to prove the offense of driving under the influence of intoxicants but instead you are guilty of the charge if you are merely affected to a noticeable degree by the intoxicant you have consumed if the intoxicant is alcohol, a controlled substance or a combination of both (www.osbar.org). The test is whether you lack the clarity of mind and physical control that you normally possess because of the intoxicant you have consumed (www.osbar.org).

According to nhtsa.org, the walk and turn test is 68% accurate in determining whether a driver has a blood alcohol concentration over .10. Nearly one out of three individuals who fail the test are not drunk driving.

According to attorneys.com, the blood alcohol limit in my home state of Texas is .08 percent which means that if you are at or above this limit, a police officer may arrest you for drinking and driving (www.attorneys.com).

In Texas a law enforcement officer may pull an individual over for suspect driving behavior such as weaving in and out of driving lanes recklessly. At this juncture when a law enforcement officer stops an individual, that law enforcement officer can request a number of field sobriety tests which can include a breathalyzer test which is a device that can measure the level of blood alcohol in your system. If that level is .08 or higher, that individual can go to jail and if that individual refuses a breathalyzer then he or she can have their driver’s license suspended for 180 days in the state of Texas.

According to legalzoom.com, the court will hear evidence at the time of arrest which will include the speech pattern, the driving pattern, conduct with the arresting officer and the performance of the field sobriety tests (www.legalzoom.com).

If the individual is convicted in the court of law, a first time offender will be subject to fines up to $2,000 and jail time between three days and six months or the judge can allow the individual to receive probation for first time offenders in the state of Texas (www.legalzoom.com).

References: 1. (www.osbar.org) 2. (www.attorneys.com) 3. (www.legalzoom.com)

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