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8 Most Common Field Sobriety Tests

When an officer pulls someone over suspecting the driver to be under the influence of alcohol, the officer usually has the suspect perform one or more of the 8 most common field sobriety tests. Essentially, the tests are a series of roadside physical exercises, testing for signs of physical impairment known to be caused by alcohol intoxication, such as the inability to perform certain mental and physical multitasking exercises. If the individual performs poorly, the officer uses it as a way to establish probable cause for a DWI arrest.

The 8 Most Common Field Sobriety Tests Include:

  1. Horizontal gaze nystagmus;
  2. Walk-and-turn;
  3. One-leg stand;
  4. Modified-position-of-attention (Romberg test);
  5. Finger-to-nose;
  6. Recite the alphabet;
  7. Touch each finger of hand to thumb counting with each touch; and
  8. Count backwards from a number.

Many law enforcement agencies continue to use all of those field sobriety tests. During the next month, we will be going into detail about all of the 8 most common field sobriety tests.

DWIs can have other serious consequences, so if you’ve been arrested for operating a vehicle while intoxicated, contact a skilled Baton Rouge DWI lawyer at the Russell Law Firm. The Russell Law Firm represents clients in DWI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

DWI Lawyers at the Russell Law Firm, LLC are skilled, experienced, and knowledgeable about the Louisiana DWI laws, related non-DWI statutes, and how to evaluate evidence that law enforcement and prosecutors might try to use against you. If you or someone you know is facing a potential DWI conviction, contact a DWI attorney at the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

Information furnished herein is only general and not a substitute for personalized legal advice.

****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.

By: Danny D. Russell, Esq.

 

 

What an Officer Must Tell You Before a DWI Chemical Test

As mentioned in our previous article, “Breathalyzer Refusals – Potential License Suspensions,” by merely driving on a Louisiana highway in Baton Rouge or elsewhere, you consent to Louisiana laws for testing blood-alcohol content (urine, blood, breath, etc.). However, when requesting an individual to submit to a DWI chemical test, the law enforcement officer must first inform him/her of the following information:

  1. His constitutional rights under Miranda v. Arizona.
  2. That his driving privileges can be suspended for refusing to submit to the chemical test.
  3. That his driving privileges can be suspended if he submits to the chemical test and such test results show a blood alcohol level of 0.08 percent or above or, if he is under the age of twenty-one years, a blood alcohol level of 0.02 percent or above.
  4. That his driving privileges can be suspended if he submits to the chemical test and the test results show a positive reading indicating the presence of any controlled dangerous substance listed in R.S. 40:964.
  5. The name and employing agency of all law enforcement officers involved in the stop, detention, investigation, or arrest of the person.
  6. That refusal to submit to a chemical test after an arrest for an offense of driving while intoxicated if he has refused to submit to such test on two previous and separate occasions of any previous such violation is a crime under the provisions of R.S. 14:98.2 and the penalties for such crime are the same as the penalties for first conviction of driving while intoxicated.

That information must be read by the law enforcement officer from a from approved by the Department of Public Safety and Corrections prior to the DWI chemical test, and he must request that the individual to sign the form. If he/she is unable or unwilling to sign, the officer must advise that the individual was provided with the information above prior the the DWI chemical test and that he/she was unable or refused to sign.

DWIs can have other serious consequences, so if you’ve been arrested for driving under the influence, contact a skilled DWI attorney at the Russell Law Firm.

Russell Law Firm represents clients in DWI/DUI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Baton Rouge DWI lawyer Danny Russell is skilled, experienced, and knowledgeable about the Louisiana DWI/DUI statutes concerning DWI chemical tests, related non-DWI statutes, and how to evaluate evidence from DWI chemical tests. If you or someone you know has been arrested for a DWI, call the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

The Russell Law Firm will handle all matters pertaining to your charge in an effective, efficient manner. We take care of paperwork and manage deadlines so that you never have to worry about the status of your case.

Information furnished herein is only general and not a substitute for personalized legal advice.

By: Danny D. Russell, Esq.

****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.