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This article is a contineunce of previous articles regarding Driving Under the Influence and some of the Field Sobriety test and other factor the police will take into consideration before they make an arrest.  As stated in earlier articles if you have any questions if you were pulled over by an officer or arrested for Driving Under the Influence give me a call. 559-441-1418.  I can help you through the process and have handled many hundreds of DUI cases both prosecuting and defending.  I have the knowlege to understand when an officer may have made a mistake in the paperwork or procedure in the process of your DUI. 

 

I will now look at some of the other tests that will be administered that are supposed to administered in a particular way.

WALK AND RUN TEST

The walk and run test that attempts to assess the same characteristics that a person need to safely drive a car. 

The original research for this test shows that it is only 68% accurate in determining if a person bac is .10 or higher.

 

The walk and run test should be conducted on a reasonably dry, hard, level, nonslippery surface.  There should be sufficient room for subjects to complete nine heel to toe steps.

Officers are trained that the original research indicated that individuals over 65 years of age or people with back, leg, inner ear problems had difficulty performing this test. 

NHTSA has identifiied the following conditions that may interfere with a persons performance on the Walk and Turn test. 

1. Weather conditions

2. Subjects age

3. Subjects footwear

people wearing heels more than 2 inches high should be given the oppurtunity to remove their shoes.

Subjects with any form of unusual footwear should be afforded the oppurtunity to remove the footwear prior to the test.

For standardization in the performance of this test.  Have the subject assume the heel to toe stance by giving the following verbal instructions, accompanied by demonstrations.

Place your left foot on the line (real or imaginary)

Place your right foot on the line ahead of the left foot, with the heel of your right foot against the toe of the left foot.

Place your arms down at your sides.

Maintain this position until I have completed the instructions do not start to walk until told to do so.

Do you understand the instructions so far? make sure the subject undertands the instructions)

Explain the test requirements by giving instructions, accompanied by demonstrations.

When I tell you to start, take nine heel to toe steps on the line, turn, and take nine heel to toe steps down the line.

 

In our next Post we will continue with this test and explain how it goes into an overall assesment the officer is supposed to make in determining whehter to make an arrest. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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