Top n Down

TOP N DOWN

Contact Us
  • Legal Rights Relating to Sobriety Tests

    Alexa

    May 11, 2022
    Uncategorized
    Legal Rights Relating to Sobriety Tests

    Driving under the influence refers to operating a motorized vehicle while intoxicated. Besides alcohol, intoxication can be caused by anything that impairs driving habits, such as OTC drugs, prescription drugs, banned substances, and more.

    DUI specifically refers to operating a car while the blood alcohol content (BAC) exceeds the state’s legal limit. The BAC for motorists in most states should not exceed 0.08%–exceeding the legal limit can attract DUI charges. Fortunately, a New Jersey DUI lawyer can help you resolve a DUI charge or conviction.

    Field Sobriety Tests

    Tests designed to measure or establish intoxication or sobriety of motorists are called field sobriety tests. A police officer will flag you down on suspicion of drunk driving and request to perform a field sobriety test on you to put their concerns to rest. The common field sobriety tests include:

    1. Horizontal Gaze Nystagmus

    Horizontal Gaze Nystagmus refers to the involuntary jerking of the eyeballs that occurs when the eyes are rotated in a certain way. The jerking of the eyeballs can be exaggerated or impaired when a person is intoxicated.

    The officer will require a driver to follow a moving object with their eyes.  A pen or flashlight will typically be moved from one side to another slowly and repeatedly to establish whether:

    • Jerking of the eyeballs is normal or consistent with that of a sober person;
    • Jerking of eyeballs is within 45 degrees;
    • If the motorist can follow the movements smoothly.

    The driver is likely to be intoxicated (having a BAC of 0.10 or more if their actions deviate from the specified guidelines. This test is accurate 77% of the time according to the NHTSA.

    2. Counting While Standing on One Foot

    The suspect is requested to count up to a certain number while standing on one foot. The second foot should be extended and the hands should be extended downwards.

    3. Walking an Imaginary Line

    The suspect walks a straight line while moving the hands from the heel of one foot to the toes of the second foot. Additional instructions can include walking– heel-to-toe, ten steps forward, making a 180 degrees turn, and then walking nine steps back to the original position.

    4. Finger to Nose

    The finger-to-nose test requires a driver to touch their nose with one index finger while the eyes.

    5. Alternate Clapping

    This test requires a suspected driver to clap their palms–the inside part followed by the back of the palms. It should be done simultaneously while counting to a specified number

    6. Reciting the Alphabet

    The suspect is requested to recite the alphabetic order–wholly or partially.

    7. Counting Backwards

    The driver will be requested to count backward. For instance counting from number 10 going back to number 1.

    8. Fingers to Thumb

    In this test, the suspected driver should touch a specific finger with their thumb.

    Rights Relating to Sobriety Tests

    A driver can decline to take a field sobriety test although it can result in a DUI charge or arrest. The legal rights relating to sobriety tests include:

    1. The Right to Decline a sobriety Test

    You have a right to decline a certain field sobriety test, such as the walk-and-turn, the one-legged-touch-your-nose, and others. Although sobriety tests are used in the investigation phase and help establish the intoxication or sobriety of a suspected motorist, you’re not obligated to participate in the tests. However, you can still be arrested if the officer has sufficient reason to believe you’re intoxicated.

    2. The Right to Decline a Screening Test

    A screening test is more advanced than a field sobriety test. The arresting officer can request you to take a secondary test, such as a breathalyzer test (screening test) to measure your blood alcohol content. Although the breathalyzer test determines whether a driver is fit to drive or not, the suspected motorist can refuse to take the test.

    3. Implied consent

    The implied consent law states that implied consent to participate in a field sobriety test or a PAS arises when a driver hands their driver’s license to a police officer after stopping. Refusal to participate after handing over your driver’s license to the officer could result in license revocation. Also, a refusal to participate can negatively impact your trial.

    4. The Right to Decline a Blood Test

    Motorists have a right to decline a blood test without indictment except when an officer has a warrant to take a blood test. The exception to this rule is:

    • Giving or denying consent is beyond the suspect;
    • The blood sample is likely to be lost if protective measures are not taken.

    The exception to the rule mainly occurs when the suspect is not conscious.

    Motorists have certain rights relating to DUI tests. Always remember that a DUI arrest or conviction can impact your prospects, such as employment or education opportunities.

    best jersey dui lawyer, jersey dui lawyer
    Next
    Previous

Subscribe to Our Newsletter!

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

Subscribe Now

About us

We are a team of passionate writers and thinkers who believe in the power of words to inspire, inform, and connect people. Our goal is to provide readers with engaging and thought-provoking content that covers a wide range of topics, from technology and science to health and lifestyle. We are committed to creating content that is both informative and entertaining, and we hope that our readers enjoy reading our articles as much as we enjoy writing them. We are committed to creating content that is both informative and entertaining, and we hope that our readers enjoy reading our articles as much as we enjoy writing them.

  • About us
  • Contact
  • Privacy Policy

Contact us

topndownofficial@gmail.com

Catagories

  • Auto
  • Business
  • Crypto
  • Education
  • Entertainment
  • Fashion
  • Finance
  • Health
  • Home Improvement
  • Lifestyle
  • Pets
  • Photography
  • Real Estate
  • Sports
  • Tech
  • Travel
  • Uncategorized

Recent Posts

  • Case Management Software
    The Future of Business Management: Case Management Software
  • Nightie for Women
    How to Choose the Perfect Nightie for Women: A Guide
  • Surfboard
    Why are Soft-Top Surfboards So Popular?
  • Watch Case
    Ten Best Watch Cases to Protect Your Wearable Devices
  • The Art of Tequila
    The Art of Tequila: From Agave to Aging, Exploring the Craft of Tequila Making
  • MexicoBased 20M Series Anthemis StartupsAnn AzevedoTechCrunch
    MexicoBased 20M Series Anthemis StartupsAnn AzevedoTechCrunch, Flat.mx Raises $20M from VCs and Proptech Unicorn Founders to Revolutionize Mexico’s Real Estate Market: Mary Ann Azevedo’s TechCrunch Opinion

Copyright © 2023 Top n Down

Design by WEBITMIX