[vtvette]

Originally Posted by las vegas drunk

That incident happened back in 1999. I have not gotten behind the wheel after drinking even once since 2006. That is something I can be proud of.

[vtvette]

Originally Posted by A_Wing

You do not go to jail for failing one FST. They administer many. Also, a lot of FSTs are looking for many different things. For example, the heal to toe is looking for balance, but it is also looking for whether or not you can listen to instructions and perform the task as instructed. A lot of drunks rush stuff or do not follow the instructions exactly. There are not just looking for you to have the balance of a ballerina.

I heard the same thing about lie detector tests from a friend of mine who was a State Trooper and was certified to conduct lie detector tests (primarily used when hiring other troopers). The tests are known to be quite inconclusive and can be beat by people with the right knowledge or personality. Just as important (or perhaps more importantly) they watch the person prior to and, during the test for signs of nervousness, concern, etc that they may be hiding something or not telling the truth regardless of what the machine tells them.

[Caltovegas]

Don't drink and drive..I have a two beer maximun but if I have two it will be a few hours wait and food until I drive. I won't freel drunk but I don't trust that technology..

[veeeegas]

I can answer from the standpoint of the laws in Iowa...some would carry over to Nevada, obviously, some would not. It will be long winded so feel free to skip it. Or skip to the last paragraph for the Readers Digest version.

We first needed a reason for contact with you. That could be a traffic stop (speeding, crossing center line, etc.) or a "safety checkpoint." The safety checkpoints are a BS way to get you pulled over to ensure your equipment is operating properly (think turn signals, horn, valid registration).

Once we initiated contact through the above methods, we looked for signs of impairment such as watery eyes, slurred speech, confusion. That would provide "probable cause" to carry out the field sobriety tests (FSTs). FSTs in Iowa, and most of the country, are the Horizontal Gaze Nystagmus (HGN), Walk and Turn and One Leg Stand. HGN measures involuntary twitching of your pupils while under the influence of certain drugs (alcohol, marijuana, PCP, etc). Failing this one alone in Iowa will get you to the point you will be given a preliminary breath test (PBT) even if you pass the other tests.

Before starting the walk and turn or one leg stand you are asked if you have any conditions or injuries that would cause you problems. I would repeat that question after the instructions were given. As an earlier poster stated, they are scored on a points system. Officers are watching for failure to follow instructions, loss of balance, confusion, etc.

If I determined you failed the FSTs, I would offer you a PBT. If you showed a level higher than .08, you were going to jail to take the other tests. If you showed less than .08, but still showed signs of intoxication, you were going to either jail or the hospital for further testing. We would never give you the road side breath test before the field sobriety tests in my area. Lawyers have argued the breath test influenced your scoring of the field sobriety tests. We used the FSTs as probable cause for the PBT. In Iowa, your PBT results were not admissible in court. We could only indicate "a level higher than .08" was shown.

By receiving your license in Iowa you have signed an Implied Consent waiver. That means you will consent to testing for impairment when asked by a law enforcement officer or face a suspension of your privilege to drive. If I think you are drunk, you go to the jail and I offer you a breath test on the Intoxilyzer machine. If I think you are high, or a combination of drunk and high, you went to the jail or hospital for a urine test. The other test option was blood. If offered blood, you could refuse and get offered another test because a blood test has been found to be "intrusive" by the courts. You could not refuse the Intoxilyzer or urine tests without mandatory license suspensions.

In Iowa (some applies to Nevada, some doesn't):
1. Reason to stop you
2. Probable cause to think you are impaired
3. Field Sobriety Tests (FSTs)
4. Roadside preliminary breath test (PBT)
5. Released or to Jail/Hospital for further testing

[Everdeen]

^Thanks.

My disorder is such that if my symptoms shift into gear, I will have nystagmus, be unable to maintain balance, and possibly have trouble with some cognitive exercises. During a severe episode, I am quite impaired and appear drunk. There have been times when my doctor has told me that I was not allowed to drive regardless of how I was feeling.

Have you ever run into a situation where someone was ill and you suspected they were drunk?

[vtvette]

When I was in College I was in a car where the driver was pulled over at 2:00am for honking his horn at the person in front of him who stopped at a Stop sign and was just sitting there with no other cars around. Officer pulled him over (It's 2:00am on a weekend in a college town they are understandably looking for reasons at that point). My friend who was driving has terrible knees. Even in his early 20's his knees were shot and he walked with a bit of a swagger/limp. He's been having surgeries on his knees since he was in Middle School. Anyway he informed the Officer that he has bad kneed (gives a run down of the surgeries/replacements he's had and the affliction from which he suffers) but she would have none of it. To make matters worse there was Ice on the side of the road. He failed the FST miserably (he could not physically perform it). Breathalyzer blew .085 - .005 over.

There were 4 of us in the car. They took our info then called a drug unit with a dog to sniff the car. We've all been friends since grade school and never had any altercation with the law other then traffic tickets. The dog comes out, sniffs (of course finds nothing) and they take him to the station and we called a cab.

He retains a lawyer he knows and she convinces him to take it to court.

We all go to court (the three of us as witnesses) and I could not believe what I saw. The judge was furious with the arresting officer. First, she said while she doesn't condone people honking their horns at 2:00am it's a college town and if that was provocation to pull someone over her docket would be 10 miles long. She was pissed that the Officer gave no consideration to my friends bad knees (remember, there were three witnesses there. He was extremely polite/cooperative and she was dismissive of his whole "story"). What really pissed off the Judge was the drug dog though. She asked what on earth possessed the officer to call in a drug dog (We had to wait about an hour for them to arrive, could not sit in our car and it was about 5deg Fahrenheit that morning. Officer sat in her cruiser and we had to stand in front of her car while we waited) on a group of guys with absolutely no reason for suspicion and no records whatsoever?? She was yelling at that point. She dismissed the case with the court's apology then told the Officer to stick around she wanted to talk to her.

I have to say however that most LEO's I've met/dealt with over the years for any number of reasons have by and far been professional and polite. You do get the odd a**hole bu that's true of any occupation.

[ScoopLV]

Originally Posted by Everdeen

Have you ever run into a situation where someone was ill and you suspected they were drunk?

No, but the Henderson PD famously beat the stuffing out of someone having a diabetic episode.

[vtvette]

One more point I just recalled - the Judge went back and fourth with the Officer as to what her motivation was to administer the FST in the first place. The Judge asked if the vehicle was being operated erratically (obviously not as we were stopped at a stop sign and pulled over just past the intersection) then the Judge asked the Officer if she smelled alcohol on our breaths/in the car to which the Officer replied she did not (I could not believe that one - I bet most would have just said they did or, even may think they did months after the incident).

[swagger]

Originally Posted by las vegas drunk

I used to carry a breathalyzer in my car, and one time blew over .15 right after the officer left.

"" ?!??!?!?!?!

You're PROUD of that?!

You know, LVD, every time I start to think that you're a decent guy, you say something that causes me to lose a big ol' hunk of respect for you.

[Raiderman]

From what I was told by a personal friend, the FST is merely the "due diligence" for giving the breathalizer. He also told me that in his department, it's a formality. It's something they are required to do before giving the breathalizer test and pass or fail, it doesn't matter. You're still going to blow into the tube because it gives a definitive +/- .08 whereas a FST is subjective.