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Old 02-28-2013, 07:14 PM
 
2,206 posts, read 4,753,021 times
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Quote:
Originally Posted by tablemtn View Post
A blood test for alcohol is not comprehensive evidence of non-intoxication, because it only tests for a limited range of intoxicants. But if you stumble during a field sobriety test, you've potentially incriminated yourself for something you weren't doing (driving impaired).
Nope. If you offer to do a BAC test rather than a field test, they will take you up on it, especially if you indicate that you have some physical limitations.
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Old 02-28-2013, 07:56 PM
 
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Quote:
Nope. If you offer to do a BAC test rather than a field test, they will take you up on it
What I mean is that if you "flunk" a field sobriety test first, you'd then probably get arrested and have a blood test anyway. But the blood test does not test for every possible intoxicant, which leaves open the small but legally-viable possibility of impaired driving charges even if no specific intoxicant is identified in your blood. The evidence for that charge would be your field sobriety test performance.

Now, even an incompetent lawyer would probably be able to get that one dropped, but it would still take money and time.
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Old 02-28-2013, 10:21 PM
 
Location: Austin, TX
15,273 posts, read 35,676,770 times
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Quote:
Let's say it's dark, perhaps raining, and you take a field sobriety test. You are completely sober. But due to nerves or an accident or any number of other things, you happen to stumble or fall.

Now what? You are sober, after all. But you've just provided on-camera evidence of yourself appearing to be in a state of impairment, even though you are not.

Basically, you've screwed yourself.
No, because it is dark, raining, and most people would be nervous, any non-intoxicated lawyer will get it thrown out.

Have you taken a field sobriety test? I guess they can vary, but the ones listed here (Texas DWI - Texas Drunk Driving Defense) are very similar or identical (it has been a few years) to the ones they used when I was a sobriety training test subject in Travis County. There was a 12 point scoring system the officers used, and you had to fail 7 of the 12 to be indicated as potentially impaired. The minor miscues that a nervous person might do are fairly identifiable, and issues with weight and health are 'easy outs' for the test. The people that actually failed the test were spaghetti legs and sloppy drunk - 1/3 of the test subjects drank until they blew a 0.05 and 2/3 to 0.1 or above (which was the limit at the time).
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Old 03-01-2013, 06:51 AM
 
Location: Austin, TX
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Quote:
At this point I'm going to have to ask what makes you more qualified to give legal advice than all the Texas attorneys whose websites say the opposite.
That advice is intended (whether it is stated or not) for people that are pulled over and are impaired or might have been drinking. Skip the field test and hope your BAC gets a chance to keep coming down before they can test you.
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Old 03-01-2013, 01:48 PM
 
Location: Dallas, TX
1,518 posts, read 3,059,385 times
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Quote:
Originally Posted by Trainwreck20 View Post
That advice is intended (whether it is stated or not) for people that are pulled over and are impaired or might have been drinking. Skip the field test and hope your BAC gets a chance to keep coming down before they can test you.
I see you haven't read my link.

Quote:
Here’s an intelligence test: During a DWI investigation, do you think that your friendly police will:

Ask you to do things which will make you appear sober, or
Ask you to do things which will make you appear drunk.
If you said “1,” stop reading right now! You are simply too stupid to be one of my clients. Even I have standards, you know…
Quote:
There is plenty of scientific literature establishing that eyeballs jerk like this when alcohol is present. However, in my opinion HGN shouldn’t be used as a sobriety test because the eyes in some people jerk at alcohol concentration levels half of the legal limit, and sometimes even lower than that. There are 6 possible “clues” that the police look for in HGN testing. Their training says that 4 or more clues indicate intoxication. But a study done by the National Highway Traffic Safety Administration (NHTSA) shows that some people show 4 clues at alcohol levels less than 25% of the legal limit! (The legal BAC limit is 0.08, and the NHTSA HGN robustness study shows one person having 4 HGN clues at 0.016 BAC!)
Quote:
The Rhomberg stationary balance test: The police have the suspect close his eyes, tilt his head back, put his arms straight down to his sides, and estimate when 30 seconds is up. I wouldn't recommend you doing this test under any circumstances. It almost always makes people look bad.
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Old 03-01-2013, 01:56 PM
 
Location: Austin, TX
15,273 posts, read 35,676,770 times
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For item 1: The police (at least in Travis county) do what is on their list of items - stagmus, walk a line and turn around, touch your nose. They do not do item 3.

Item 2: But it still indicates alcohol in your system (or seems to, based on the quote above). IF you have alcohol in your system, yeah, skip the sobriety field test. You have no idea how much alcohol is in your blood (not being omniscient and all) or how it might affect you on tape. If you have no alcohol in your blood, I suspect you will pass the test with flying colors.

Item 3: Just refuse to do that part, if they are asinine enough to try and do it.
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Old 03-01-2013, 02:51 PM
 
Location: Dallas, TX
1,518 posts, read 3,059,385 times
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Quote:
Originally Posted by Trainwreck20 View Post
For item 1: The police (at least in Travis county) do what is on their list of items - stagmus, walk a line and turn around, touch your nose. They do not do item 3.
Even if unlikely, those can certainly be failed without having been drinking at all especially when you're nervous.

Quote:
Item 2: But it still indicates alcohol in your system (or seems to, based on the quote above). IF you have alcohol in your system, yeah, skip the sobriety field test. You have no idea how much alcohol is in your blood (not being omniscient and all) or how it might affect you on tape. If you have no alcohol in your blood, I suspect you will pass the test with flying colors.
It also mentions that brain damage can cause problems with that particular test. Just a general lack of coordination can cause problems with a lot of the tests not to mention if he pulled you over in the first place for weaving or something along those lines, you're probably sleepy or somehow not at your best anyway.

Tell you what, if you want to go against lawyers' advice and do the tests, go ahead. You'll probably pass as I probably would. I think I'll just ask for a test that I can definitely pass though, a breathalyzer.
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Old 03-01-2013, 04:23 PM
 
Location: Austin, TX
15,273 posts, read 35,676,770 times
Reputation: 8617
Oh, yeah, I would ask for that, as well.
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