DUI evidence

February 11, 2022 by Lipp Law LLC

Field Sobriety Tests (FSTs) are a set of roadside tasks designed to help law enforcement officers determine whether a driver is impaired due to alcohol or drugs. These tests are a vital part of the DUI enforcement process. The primary goal is to assess a driver’s coordination, balance, and ability to follow instructions. Suppose a police officer suspects that a driver is under the influence. In that case, FSTs are used to determine impairment and to determine impairment and gather the information that can potentially lead to an arrest. The tests also evaluate the driver’s ability to perform specific tasks, such as walking a certain number of steps or standing on one foot, which indicate whether the driver is fit to operate a motor vehicle.

FSTs are typically performed on the roadside or in a location near the scene of the suspect drunk driving event. This allows officers to evaluate whether the driver’s physical state is consistent with intoxication. These tests are standardized and generally used to gather enough evidence to establish probable cause for an arrest. This impairment example is essential as it helps the officer decide whether further action is needed. The officer may advise the individual performing the test, paying close attention to any signs that indicate loss of coordination or inability to follow instructions. This evidence is crucial in court trials and the legal process surrounding DUI charges.

The Purpose of Field Sobriety Tests

When a police officer pulls over a vehicle and suspects that the driver is under the influence of alcohol or drugs, they often begin the assessment by asking the driver to step out of the car and perform a series of tasks that test their motor skills, coordination, and ability to follow instructions. These tasks are designed to be difficult for someone under the influence of alcohol or drugs and include tasks like walking in a straight line, standing on one leg, or following the officer’s finger with their eyes. For example, the driver may be asked to recite the alphabet, which tests their performance under pressure. The officer may also instruct the driver to tilt their nose or follow specific movements to assess their ability to process instructions and focus. The officer may also ask for the driver’s name, as this can help evaluate whether they are mentally coherent and able to recall basic information, all contributing to assessing their impairment. These tasks are essential tools for police officers in gathering evidence that can ultimately influence the country’s legal process surrounding DUI cases.

The reasoning behind these tests is that a person who is intoxicated will experience physical challenges while performing simple tasks. For instance, tasks requiring balance, coordination, and mental focus can be challenging to complete when a person is under the influence. When the tests are conducted properly, they help the officer determine whether the driver is too impaired to drive and whether an arrest is warranted. In some cases, a breath test may also be administered to confirm the presence of alcohol, while a THC test could be used to detect the influence of marijuana. Recent research shows that drivers under the influence of drugs like THC may also exhibit physical problems such as deviation from everyday movements. This is important because these tests help ensure that the law is enforced consistently. The tests also help establish evidence that can stand up to scrutiny in court, serving as a high bar for those who may attempt to challenge DUI charges.

Types of Field Sobriety Tests

Officers use several types of FSTs during a DUI stop, but the most common ones include the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, and the One-Leg Stand test. Each of these tests measures different physical and mental abilities that may be affected by alcohol or drugs. These tests are crucial in helping officers determine whether a driver’s blood alcohol concentration (BAC) exceeds legal limits. Various studies have shown that these tests are reliable indicators of impairment, as they assess balance, coordination, and mental focus, which are often the first abilities to be affected by alcohol or drugs. The results of these tests are also used to ensure that the laws surrounding DUI enforcement are adequately upheld.

Horizontal Gaze Nystagmus (HGN) Test

The HGN test is one of the most widely used tests for alcohol impairment. It involves the officer asking the driver to follow a pen or other object with their eyes as it moves from side to side. The officer is looking for signs of nystagmus, an involuntary jerking of the eyes. Nystagmus is a standard indicator of intoxication, especially with alcohol, and this test helps the officer determine whether there is likely impairment based on the movement of the driver’s eyes. During this test, the officer will also observe the angle and speed of the eye movements to assess the degree of impairment.

Walk and Turn Test

The Walk and Turn test involves the driver walking in a straight line, turning, and then walking back in the opposite direction. The officer is looking for signs of impaired balance, coordination, and the ability to follow instructions. This test involves both physical abilities and cognitive functions, as the driver must remember the steps, walk in a straight line, and complete the turn without stumbling. A failure to follow instructions or maintain balance is a common sign of intoxication.

One-Leg Stand Test

The One-Leg Stand test is another standard field sobriety test. The driver must stand on one leg and hold the other six inches off the ground for 30 seconds. The officer observes the driver’s ability to maintain balance during the task. Signs of imbalance, such as swaying or using arms for support, can indicate intoxication. This test is difficult for many people, and failure to pass may lead to further suspicion of DUI.

How Officers Administer Field Sobriety Tests

A police officer conducting a Field Sobriety Test with a driver in Las Vegas, Nevada. Lipp Law LLC offers expert legal representation for individuals facing DUI charges in the area. — Lipp Law LLC in Las Vegas, Nevada explains Field Sobriety Tests and offers expert DUI defense.

Officers are trained to administer FSTs in a standardized manner to ensure accuracy and fairness. The officer typically begins by providing clear ground instructions, explaining how the tests will be conducted and what is expected of the driver. This ensures that the driver understands the tests and allows the officer allows the officer to assess the driver’s ability to follow instructions. Field sobriety testing is crucial in determining impairment and is vital in legal proceedings, helping establish probable cause for an arrest. Proper administration of these tests helps avoid potential challenges to their validity, ensuring that results can stand up in court. Failing these tests can lead to severe fines and penalties, including losing driving privileges or even jail time. Studies have shown that the head movements involved in tests like HGN are significant indicators of impairment. Others may use the study of field sobriety testing as a reference to understand the consequences of impaired driving. In the event of non-compliance, there could be significant fines or penalties for refusing the tests, further stressing the importance of adhering to legal protocols.

Once the instructions are given, the officer may test the driver’s coordination and balance through tasks like the One-Leg Stand or Walk and Turn. The officer may also check for signs of intoxication in the eyes, such as jerking or a lack of focus, during the HGN test. Throughout the testing process, the officer will note various clues or indicators that point to intoxication, such as inability to stand still, jerking, or difficulty completing the tests. These signs are evidence of the driver’s impairment and may be used in court to support charges of DUI or DWI. If the driver refuses to take the tests, the consent law may apply, with refusal leading to penalties. In some states, including Ohio, drivers may face a range of consequences for refusal, including fines and other legal repercussions. Lawyers may advise clients on the potential consequences of refusing tests and how it impacts their case.

The Role of BAC in DUI Charges

One of the most critical pieces of evidence in a DUI case is the Blood Alcohol Content (BAC) level. When a driver fails an FST or displays signs of impairment, the officer may ask the driver to take a breathalyzer test to measure their BAC. The legal limit for BAC in most states is 0.08%, but the limit may be lower for specific drivers, such as commercial vehicle operators or minors. Officers use The gaze nystagmus test to assess impairment, checking for eye movement that can indicate intoxication. Officers must follow the correct procedure during testing to ensure accuracy, and they may need to document details about the driver’s condition, such as signs of injuries or difficulties with the test. Sometimes, an OLS (One-Leg Stand) test is part of the process. These procedures and additional tests help officers determine coordination, balance, and cognitive function impairment.

If the breathalyzer or other testing confirms that the BAC is above the legal limit, the officer may have sufficient evidence to make an arrest. However, it’s important to note that FSTs are only one part of the evidence used in a DUI case. The officer will also consider other factors, such as the driver’s behavior, eye gaze, speech, and ability to follow instructions. All these elements help form the basis for the officer’s suspicions and, ultimately, the arrest decision. In cases where drug impairment is suspected, such as in Drug Crimes Defense, officers may also look for signs of intoxication from substances other than alcohol. Suppose the driver is in North Carolina or other parts of the U.S.. In that case, specific laws will apply regarding impairment and testing procedures, influencing how evidence is gathered and used.

Legal Implications of Field Sobriety Tests

If you are arrested for DUI after failing a field sobriety test, it is crucial to understand the legal implications. While FSTs are a tool used by law enforcement officers to determine intoxication, they are not foolproof. Factors such as the driver’s age, physical disabilities, nervousness, or weather conditions may affect the results of the tests. Sometimes, these factors may lead to a failed test even if the driver is not impaired. Alcohol consumption or other substances may affect coordination and balance, but these factors are not always indicative of impairment. Drivers facing such situations should seek assistance from lawyers to determine whether their rights were violated during the arrest process and if the police correctly followed procedures. Proper legal guidance can help challenge the test results and the arrest.

The results of FSTs can play a significant role in the legal process, mainly if the case goes to trial. An experienced attorney may challenge the results of the tests, especially if there are questions about the officer’s procedures, the accuracy of the tests, or the circumstances surrounding the arrest. For instance, an officer may have failed to follow standard instructions when administering the test, which can lead to an argument that the evidence gathered is inadmissible in court. If the officer did not correctly assess the suspect’s ability to perform the tasks due to factors like ground conditions or physical disabilities, the case could be weakened. Additionally, if the officer lacked probable cause to ask the driver to perform the tests in the first place, such as insufficient signs of intoxication, the arrest could be challenged. The law requires that officers follow proper procedures when conducting tests like the Walk and Turn or One-Leg Stand and any deviation can be used to argue that the results are not accurate or fair.

Defenses Against DUI Charges

Several defenses can be raised in response to a DUI charge based on field sobriety tests (FSTs). One common defense is challenging the accuracy of the tests, which can be affected by external factors such as weather conditions, roadway surface, or physical impairments like age or injury. An experienced DUI lawyer may argue that the officer failed to follow proper procedures, rendering the results unreliable. For example, the officer could have missed critical signs like jerking, coordination, or issues with balance during the HGN test, or the suspect may have failed the walk-and-turn or one-leg stand due to factors unrelated to intoxication, such as a disability.

Another defense could be questioning the officer’s training in administering FSTs. If the officer lacked proper training, the tests may not have been conducted correctly. Additionally, a DUI Defense lawyer may present expert testimony to challenge the officer’s findings and argue that the evidence gathered during the tests is unreliable. For instance, research into the effects of THC or other drugs on a person’s coordination and balance may reveal that the suspect’s performance was affected by something other than alcohol, which could weaken the prosecution’s case.

Issues with breathalyzer or blood tests can also serve as a defense. If the breathalyzer was not calibrated correctly or the blood alcohol content (BAC) was misinterpreted, the defense can argue that the evidence should be excluded. The defendant’s rights must also be considered during the arrest and testing procedures, and any violations could lead to the evidence being thrown out. A skilled DUI lawyer will carefully review all the details surrounding the test and procedure, questioning whether the officer adhered to field sobriety testing laws, potentially leading to a favorable outcome for the defendant.

Contact Lipp Law LLC for Experienced DUI Defense

If you’ve been arrested for DUI or another related offense, Lipp Law LLC provides an experienced and aggressive defense. Whether you are facing charges for drunk driving, drug-related crimes, or drug conspiracy defense, we have the expertise to guide you through the complex legal process. From field sobriety tests to breathalyzer tests, our team will thoroughly investigate the circumstances of your case, including tests, officers’ ground instructions, line level tests, alcohol balance, nystagmus, and blood test results, as well as any clues or evidence gathered, to provide the most vigorous possible defense. We will carefully examine whether the officer followed proper procedures and whether the test results, including jerking, coordination, and eye movements, were accurately recorded.

Our team will also review the suspect’s behavior, including whether tasks were too complex due to factors unrelated to intoxication, such as injuries or physical conditions. If there are questions about impaired performance during the field sobriety test or any deviation in the number of steps taken, we will raise those points. We understand that intoxication may not always be the cause of a failed test and are ready to challenge the results in court. We will analyze the motor vehicle stop, the officer’s observations, and the BAC levels to ensure no rights violations occurred.

Don’t wait to seek legal help. Contact Lipp Law LLC today to schedule a consultation and protect your rights in the face of serious criminal charges. Whether you’re facing charges related to drunk driving, drugs, or impaired driving, our team is ready to defend you against any DUI charges and work toward a favorable outcome for your case.

Frequently Asked Questions

Can a driver refuse to take a Field Sobriety Test?

You can refuse to take a Field Sobriety Test in most states. However, refusal may lead to penalties such as license suspension, and the officer may still arrest you based on other evidence of impairment.

How do weather conditions impact the results of Field Sobriety Tests?

Adverse weather conditions, such as rain, snow, or strong winds, can make it difficult for a driver to perform Field Sobriety Tests correctly. These tests are designed for ideal conditions, and poor weather can impact balance and coordination, potentially leading to inaccurate results.

What happens if you fail a Field Sobriety Test but are not arrested?

Suppose you fail a Field Sobriety Test but are not arrested. In that case, the officer may issue a citation or request additional tests, such as a breathalyzer or blood test, to determine if you’re over the legal limit. Your driving privileges could also be affected.

Are there any physical conditions that can cause a person to fail a Field Sobriety Test even if they’re not impaired?

Certain physical conditions, such as injuries, balance disorders, or neurological conditions, can affect a person’s ability to perform well on Field Sobriety Tests. For example, people with inner ear issues may have trouble with balance-related tests.

What is the legal process if you are arrested based on a failed Field Sobriety Test?

If you’re arrested after failing a Field Sobriety Test, you will be taken to a police station where you may undergo a chemical test (breath, blood, or urine). You will be booked, and a court date will be set for your DUI hearing. You have the right to legal representation during this process.

Do Field Sobriety Tests vary from state to state?

While the National Highway Traffic Safety Administration (NHTSA) standardizes certain field sobriety tests, specific procedures and additional tests may vary by state. Some states may have unique protocols or laws regarding sobriety testing.

Can a Field Sobriety Test be used as evidence in a DUI case if the officer didn’t follow the correct procedure?

If an officer does not follow proper procedures when administering a Field Sobriety Test, the results may be challenged in court. The evidence could be deemed inadmissible if the procedure was not standardized or adequately conducted.

How reliable are Field Sobriety Tests in detecting impairment from drugs other than alcohol?

Field Sobriety Tests are primarily designed to detect impairment from alcohol, but they are less reliable in detecting drug impairment. Drugs may affect a person’s motor skills differently, and the tests may not accurately reflect the level of impairment caused by certain substances.

What is the role of a DUI lawyer in challenging the results of a Field Sobriety Test?

A DUI lawyer can help challenge the validity of the Field Sobriety Test results by questioning the accuracy of the test, the conditions under which it was performed, and whether the officer followed proper procedures. A skilled lawyer can also present evidence of medical conditions or environmental factors that may have affected the results.

Can a driver be arrested for DUI if they pass a Field Sobriety Test but their BAC is over the legal limit?

Yes, a driver can still be arrested for DUI if they pass a Field Sobriety Test but have a BAC over the legal limit (0.08% in most states). A BAC test is a more definitive measure of impairment, and if the BAC is above the legal threshold, the driver may face DUI charges, regardless of the results of the Field Sobriety Test.

September 17, 2021 by Lipp Law LLC

DUI involving death or substantial bodily harm (SBH) is a felony. The penalty is 2 to 20 years in the Nevada State Prison. The sentence is non-probationable. If you are convicted of DUI with death or SBH, you will go to prison. If you were in an auto accident and killed someone, or injured someone really badly so they had to go to the hospital or there was a broken bone and you have alcohol in your system, you will be charged with DUI with death or SBH.

The interesting thing about a misdemeanor DUI is that if the driver was in an accident even if it was not his fault could be convicted. It would not matter if the accused was rear ended. If the police determined that a driver had consumed alcohol then they would have probable cause to arrest him no matter who caused the accident.

There would need to be proximate cause that the accused caused the accident to be convicted of DUI with death or SBH. For example, the driver would be the proximate cause of the accident if they rear ended someone going 90 miles per hour and that person was killed.

The accused would not be considered the proximate cause of the accident, and they could not be convicted of DUI with death or substantial bodily harm in a situation in which they were driving correctly but then someone on the other side of the road crossed the median and it resulted in a head on collision and that person died.

The accused could be convicted of some other offense such as failure to use due care or something like that, but they would not be looking at mandatory prison time.

I recently handled a case involving my client and his friend who were out drinking. They were both over the limit. My client was about a .12, whereas the other person was a .34. My client was driving and they had a car accident which resulted in a rollover. The passenger did not have his seatbelt on so he was killed. It may seem that the reason he was killed was because he did not have his seatbelt on. However, that issue has been litigated and just because someone does not buckle their seatbelt doesn’t mean that he or she was responsible for their own death.

In this particular case, my client was driving around a curve and driving properly. He was in a little two seater Mercedes. He told the passenger to put his seat belt on. The passenger was in the process of putting it on when he hit the steering wheel and they had the accident. It was a rollover. My client had a concussion and he was injured, but he was wearing his seatbelt, whereas the passenger died because he was not wearing his seatbelt.

My client was charged with DUI involving death and SBH because his blood alcohol was over the limit, 1.2. The legal limit is .08. It looked pretty bad. I believed the probable cause of the accident was the fact that the passenger had hit the steering wheel. When a vehicle is in an accident, the seatbelt freezes where it is. If the seatbelt was not used at all, it would freeze in the opening position, whereas if it was buckled, it would freeze there.

In this particular case, the seatbelt was frozen halfway. It was close to the steering wheel. This
corroborated my client’s testimony. I hired an accident Reconstructionist who examined everything and believed, as I did, that the passenger’s behavior when he hit the steering wheel; caused my client to lose control of the vehicle. That was the proximate cause of accident. I was able to get my client a non-DUI disposition for felony reckless driving. He did not go to prison.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

FAQs: DUI Involving Death

1.How can hiring legal experts affect the outcome of a serious DUI case?

Skilled legal experts can investigate the case thoroughly, potentially challenging the evidence or negotiating a plea to a lesser charge. This can significantly impact sentencing and help avoid the most severe penalties.

2.What are the penalties for a DUI charge that results in serious injuries or fatalities in Nevada?

A DUI involving severe injuries or fatalities is a felony in Nevada. It carries a non-probationable sentence of 2 to 20 years in Nevada State Prison, meaning prison time is mandatory if convicted.

3.Can a person be convicted of DUI even if they did not directly cause the accident?

Yes. If a driver has alcohol in their system, they can be arrested and potentially convicted of DUI regardless of who caused the accident. The presence of alcohol alone can provide probable cause for arrest.

4.How does the state determine whether someone is at fault in a DUI-related accident?

The state assesses whether the DUI driver was the proximate cause of the accident. For example, if a DUI driver rear-ends another vehicle at high speed, they may be held responsible for the outcome of the accident.

5. What is the difference between a misdemeanor DUI and a felony DUI?

Misdemeanor DUI charges typically apply to first or second DUI offenses without serious injuries or deaths. A felony DUI charge applies when there are substantial injuries or fatalities or when it’s a repeat offense, carrying much harsher penalties, including prison time.

6. Is it possible to avoid prison time in a DUI case that involves significant injuries or a fatality?

Due to Nevada’s strict laws, prison time is generally mandatory in these cases. However, depending on circumstances and legal defense, some cases might be negotiated to a lesser charge, like reckless driving.

7. How can alcohol consumption impact the determination of fault in an accident?

Even if a DUI driver was not solely responsible for the accident, their alcohol consumption is often used to establish negligence, making it easier for the state to convict them of DUI-related charges.

8. What role does seatbelt use play in a DUI case where a passenger is seriously injured or killed?

Although lack of seatbelt use can worsen injuries, it generally does not absolve the DUI driver of responsibility. Courts may consider whether the DUI driver had control over the accident and whether the lack of seatbelt use directly influenced the outcome.

9. Can accident reconstruction be used as evidence in defending a DUI case involving an accident?

Yes. Accident reconstruction can help clarify how the accident occurred and who or what the proximate cause was. Expert testimony may support defenses, mainly if factors beyond the driver’s control contributed to the accident.

10. What options are available if someone is charged with DUI but another driver contributed to the accident?

The defense can argue that another driver’s actions were the primary cause of the accident. This can sometimes lead to reduced charges or alternative sentencing options.

September 3, 2021 by Lipp Law LLC

In Nevada the legal limit is a 0.08, so someone who the police can prove was driving or in actual physical control whose blood alcohol concentration was over a 0.08 could be convicted of a DU. However, the breath test has an error factor of up to 10%, meaning it could be 10% higher, or 10% lower. So if someone is a .09 or less, we would use that in our argument that the prosecution would not be able to prove that the blood alcohol level was 0.8 or more beyond a reasonable doubt. This is a very high standard that is used in all criminal cases.

We would typically resolve this kind of case as a stay of adjudication. The client would actually plead guilty to a DUI, but the court would “stay the adjudication”. The guilty plea would NOT be entered into the record. So if anyone checks, your case would still be pending. Then you would need to complete certain requirements; usually attend and complete a DUI school, attend a Victim Impact Panel (VIP) which is basically a seminar in which people tell you how their life has been adversely affected by a drunk driver (i.e. My sister was rear ended by a drunk drive and she broke her arm), pay a fine, stay out of trouble and possibly do some community service. If you successfully complete these requirements your case would
end up as reckless driving. This is NOT a DUI conviction. But the flip side is, if you do not successfully complete, you will be convicted of a DUI.

If a client took a blood test and the blood alcohol level was 0.085, then he or she could have the blood retested because it sometimes might come back lower. Some clients have a much higher blood alcohol level. According to Nevada law, if the blood alcohol level was in fact over a 0.18, then in addition to the other penalties we would need to get a chemical dependency assessment.

The person would be interviewed by a psychologist to determine whether or not the person had an alcohol problem or what other requirements they may need as part of their sentencing. They would typically want people to go to AA once a week or maybe even twice a week depending on the blood alcohol level and the history of the individual’s driving record and previous incidents involving alcohol.

Blood Tests Are Only Valid If Taken Within A Certain Time Frame

The chemical test for alcohol would need to be done within two hours from the time of driving. The alcohol test would not be admissible in court if it was not done within those two hours. The 2 hour time limit does not apply to drugs.

I handled a case involving a motorcycle in which my client actually came back to the scene of the accident because his friend wiped out on his motorcycle. When the officer arrived, my client was standing with his motorcycle. He was not driving and by the time they took the blood alcohol level it had been over two hours.

There was another witness for this incident, who had seen both motorcycles. She said the other motorcyclist passed unsafely, whereas my client did not. I asked whether there had been any bad driving by my client, and she said no.

They were not able to convict my client of a DUI because the blood alcohol level was not admissible because it was taken more than 2 hours from driving. I went to trial on this. I spoke to the officer ahead of time and told them they would not be able to prove their case. All I wanted was for the DA to reduce it to a reckless driving conviction. The cop would not agree. So we went to trial and I won.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

FAQs: How Does Blood Alcohol Level Affect DUI Cases?

1. What is a stay of adjudication in DUI cases?

A stay of adjudication allows a person to plead guilty to DUI, but the conviction isn’t entered into the record if they meet court-ordered requirements.

2. What requirements are typically involved in a stay of adjudication?

Requirements may include:

Attending DUI school.
Completing a Victim Impact Panel.
Paying fines.
Avoiding further legal trouble.

3. How can a borderline BAC result impact a DUI case?

A borderline BAC result might be challenged if it’s close to the legal limit due to possible test inaccuracies and a high burden of proof in criminal cases.

4. What options are available if a breath or blood test shows a close to limit BAC?

The defense may argue test inaccuracy or use secondary tests, potentially reducing or negotiating charges.

5. What is the Victim Impact Panel, and why is it required?

The Victim Impact Panel involves individuals affected by impaired driving sharing their experiences, required to increase offender awareness.

6. When is a chemical dependency assessment required?

If a DUI offender’s BAC is significantly high, they may need to undergo an assessment to determine possible treatment or AA meeting requirements.

7. What happens if DUI requirements in a stay of adjudication aren’t met?

Failing to meet all requirements results in a DUI conviction being formally entered and additional penalties.

8. Is retesting possible if the initial BAC reading seems inaccurate?

In some instances, retesting may be permitted, especially if initial results are close to the legal limit.

9. What’s the significance of the two-hour window for BAC testing?

BAC tests are valid if conducted within two hours of driving; results outside this timeframe are inadmissible for alcohol, although not for drugs.

10. How does an initial DUI charge potentially become reckless driving?

If requirements are fulfilled in a stay of adjudication, the DUI charge may be converted to reckless driving, avoiding a DUI conviction on record.

What Are Field Sobriety Tests (hereinafter “FSTs”)?