Police officers do not rely on opinion alone when determining whether someone should be charged with DUI (Driving Under the Influence of drugs or alcohol). Instead, they rely on validated tests, known as standardized test, or unscientific but very effective tests, called non-standardized tests, to determine sobriety.

Police officers do not rely on opinion alone when determining whether someone should be charged with DUI (Driving Under the Influence of drugs or alcohol). Instead, they rely on validated tests, known as standardized test, or unscientific but very effective tests, called non-standardized tests, to determine sobriety. These tests are typically combined with blood, urine, or breathalyzer tests to conclude whether someone was actually driving above the legal limit.

Blood alcohol content, BAC, is the first deciding factor but the most reliable form of testing, a blood draw, may not be practical or consented to by the motorist. Therefore, a breathalyzer test is used to determine whether someone is driving with more than the predetermined legal amount of alcohol present in their blood. In most parts of the United States, this amount is 0.08%.

Standardized tests are the next best thing, since they are a validated and proven means of establishing a level of impairment. These can be admitted in a court of law as evidence for or against a defendant. An attorney who is experienced with DUI cases can question all of the evidence presented by the prosecuting attorney, sometimes being able to exclude or reduce the information presented against you. That is why it is so important to retain an expert’s services very early in the case, before heading to court, so that you can build the best defense possible.

Typical standardized tests in most states include three basic tests: the one-leg stand, a walk and turn test, and a horizontal gaze test. Each is fairly self-explanatory. With the one-leg stand, a suspect is asked to stand on one leg with hands down at the side for a pre-arranged length of time. The walk and turn is featured often on television shows and movies; it involves walking a specific number of paces in a heel-toe fashion, then returning in the exact same manner. With the final test, the horizontal gaze, most suspects are expected to follow the officer’s finger as it moves horizontally across their field of vision and the officer checks for signs of nystagmus.

Non-standardized tests have not been validated and proven, but are usually used as backup testing due to their effectiveness. While some judges will allow them to be admitted as evidence, most will not without the presence of other, more proven, methods. There are five to seven non-standardized tests used in most parts of the United States, including balance tests, recitation of alphabet or numbers (forward or backward, in whole or in part), and similar tests.

Drivers suspected of DUI have the right to refuse testing, but it can be used against you in court later, as it gives the appearance of guilt. Some states will still suspend your driver’s license without the proof of DUI, if you refuse testing. Most attorneys agree that the best option is to seek the advice of an expert before agreeing, especially if you are sure that you will be over the legal limit. The majority of police officers will not tell you that you have the right to refuse testing, it is up to you to be informed of these types of rights.

This information is provided solely for informational purposes and does not constitute legal advice.

William Bly of Nielsen and Bly, a lawyer near Portland Maine, spends part of his practice focused on OUI laws for his clients. To read additional information, visit the firm’s Maine office website.

Distributed by http://www.ContentCrooner.com

Looking For More Information?

Make sure to explore other articles in the Coffee category or contact us to suggest a website or a service to review.