The NHTSA SFST battery is the standard for driving while impaired field sobriety testing. The SFST battery consists of three tests: (1) the horizontal gaze nystagmus (HGN) test, (2) the walk and turn (WAT) test, and (3) the one leg stand (OLS) test. The WAT and OLS require you to be able to walk, stand, and balance as a normal person would. If you are mobility impaired, you may not be able to complete the WAT and OLS portions of the NHTSA SFST battery. Historically, DWI police officers have relied exclusively on their observations and the HGN when making a DWI arrest of a mobility impaired person. Recently, however, police officers have been using NASBLA training to conduct a seated field sobriety test for mobility impaired subjects. The NASBLA field sobriety battery is patently different than the NHTSA SFST battery. The NASBLA field sobriety battery includes the following tests: (1) HGN, (2) finger to nose test, (3) palm pat test, and (4) hand coordination test. The battery is designed to detect boating while impaired (BWI) / boating under the influence (BUI) suspects and all tests are conducted from a seated position. Since the tests are conducted from a seated position, the NASBLA tests are supposedly applicable to detect DWI / DUI suspects. The problem with applying NASBLA tests to DWIs is that there is no study to prove their validity. In 2008, a study was conducted by NASBLA and the U.S. Coast Guard entitled “Validation of Standardized Field Sobriety Tests For Use in the Marine Environment.” The purpose of the study was to validate SFSTs for BWI / BUI enforcement in the marine environment. Due to balance, stability, and equilibrium issues that boaters may face, law enforcement realized that roadside SFSTs were not adequate to test for BWI. The NASBLA study shows that the NASBLA waterborne SFSTs are more accurate in testing for BWIs than traditional NHTSA roadside SFSTs. Since the study only focused on BWI enforcement, it was only validated for the marine environment. When a police officer attempts to use a NASBLA test to detect a roadside DWI suspect, that officer is using an unproven testing system. To reiterate, NASBLA tests have only been validated for use in the marine environment and are not proven to be effective to detect DWI suspects. Thus, NASBLA field sobriety tests should hold very little weight when used to prove that a mobility impaired suspect as DWI. If you were charged with DWI and would like to speak to a Huntersville DWI attorney, please contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area.
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The concept of confirmation bias occurs when a bias unconsciously influences the outcome of a test or observation. Instead of conducting a test objectively, someone is selectively looking for information or clues to confirm their pre-existing beliefs and hypotheses. Why is confirmation bias important in DWIs? Confirmation bias can play a large factor in a DWI arrest. Police officers are graded on their productivity. This is what drives most police officers to take more enforcement action. Knowing they have to be productive to meet their unspoken quotas, officers are often proactive in their enforcement activities. Consider a police officer that gets behind a vehicle, runs the tag, and discovers the driver has had previous DWI convictions. Based on the driver’s record, the officer may assume the driver to be intoxicated. The police officer will look harder for a reason to justify a traffic stop. If the officer is able to initiate the traffic stop, that officer will immediately begin to look for signs of impairment, which may or may not be there. In a situation such as this, typically, the officer will request the driver to submit to a roadside breath test. This is usually conducted before any standardized field sobriety tests (SFSTs) are conducted. The reason for this is because the officer knows it isn’t worth his time to conduct SFSTs if the driver doesn’t blow above a 0.08 during the roadside breath test. Often, an officer won’t initiate SFSTs unless the driver is above a 0.10 roadside. The officer knows that once they place the subject under arrest and transport them for their evidentiary breath test, their BAC may drop. The average person’s BAC drops between 0.015 to 0.018 per hour. Although this technique, which is very commonly used, is not recommended by NHTSA, it is extremely effective. The officer will both save time and quickly determine whether the traffic stop will yield a DWI arrest. The problem is that a preliminary roadside breath test creates confirmation bias during the SFSTs. If the driver blows over a 0.08 during the preliminary breath test, the officer will look hard while conducting the SFSTs to find the clues he needs for arrest. Not only is this not good practice, the entire SFST battery will be jaded. The officer will not be conducting the tests objectively, but will be looking a reason to justify the arrest, whether one truly exists or not. Often, if confirmation bias can be established, the probable cause for the arrest may be negated. If the probable cause for the arrest is negated, the DWI charge may be dismissed. If you have more questions concerning confirmation bias in a DWI arrest, contact a DWI lawyer. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a DWI attorney in Huntersville NC, contact Adkins Law to schedule an appointment with a DWI lawyer. Drinking and driving is NOT illegal; driving while impaired is. It is almost unavoidable to occasionally have a drink in a social setting and drive home afterwards. Understand, however, that driving while impaired is dangerous and may cause you to lose your license, your job, and your reputation. DO NOT ADMIT TO ANYTHING When you are stopped by the police, often times they will ask you if you have been drinking. Almost everyone tells the officer they have had two drinks. While it is never advisable to outright lie to the police, be careful what you admit to! If you tell the police that you had two drinks, you just admitted to drinking before driving. Try to avoid answering questions such as this if a police officer asks you. Instead, try to change the subject or simply do not answer. You do not have to answer the police! Remember, all you are doing when you tell the officer how much alcohol you have consumed before driving is helping the officer build his case against you. If you really have only had one or two drinks, however, and know you aren't impaired, it is probably advisable to answer the officer. DO NOT TAKE ANY STANDARDIZED FIELD SOBRIETY TESTS (SFSTs) Standardized Field Sobriety Tests (SFSTs) are tests which help an officer determine whether a driver is impaired. These tests do not help you! An officer would not waste his time in administering the tests to you if he did not believe that he could get a potential DWI arrest out of it. When you submit to these tests, unless you really are absolutely sober, all you're doing is providing the police with evidence to use against you in court. Be weary before you submit to any SFSTs, you do not have to submit to them! REQUEST A PRE-ARREST TEST In North Carolina, if you are stopped by the police, you have the right to request a police officer take you to submit to a breath test before you are placed under arrest. This is beneficial because if the officer violates your right to take the pre-arrest test, or doesn't follow procedures concerning the pre-arrest test, you may be able to have your DWI charges dropped. Once you request a pre-arrest test, the police officer is supposed to stop what he is doing and transport you (un-arrested, not in handcuffs) to the nearest breath testing facility. There you will have the option to take a pre-arrest breath test before you are placed under arrest. Realistically, because it is so rarely exercised, very few police officers are familiar with the procedures concerning this right and are more likely to violate your rights. AVOID DRIVING This should be the most obvious piece of advice: if you are too intoxicated to drive, do not drive! If you have any questions as to your sobriety, play it safe and get a ride home with a friend or take a cab. Your life, other people's lives, your liberty, your property, your money, and your privilege to drive is not worth the risk! Be careful, be smart, and make good decisions. Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. |
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