Procedures For Testing DUI/DWI

Drunk driving is classified as misdemeanor in mist states. However, if the accident causes injury or death to another person or serious damage to property, it becomes a felony. Drunk driving can also be classified as felony, if the driver has committed several violations already. According to the website of the Nashville criminal defense lawyer Brent Horst, the police who flagged you should follow certain procedures when testing you for DUI/DWI. This is for the protection of your Constitutional rights.

Before everything else, the police officer who stopped you must have probable cause for doing so. They need to make sure that your rights are safeguarded during the traffic stop or arrest. While the law prohibits operating or being in control of a vehicle while intoxicated, this needs to be proven otherwise the charges will not stand. Here are the different tests that the police can use to prove DUI/DWI.

Field Sobriety Test

In a field sobriety test, the police will check for signs that you are drunk. They will check if you have slurred speech, red watery eyes, and the smell of alcohol on your breath or clothes. If they find any of these, you will be asked to exit your vehicle and perform a field sobriety test. This will be done at the scene where you were flagged by the police. You will then do some physical and mental tests which may include the following:

• Nystagmus Test detectx intoxication by measuring the involuntary oscillation of the eyes. The police will place an object 12 inches away from your face and then move it from side to side.
• You will also be made to recite the alphabet from A to Z and then back.
• The police will also ask you to stand with your feet together, arms at the side, head tilted back, and eyes closed while counting to 30. You will then be asked to open your eyes and drop your head back down
• You will also be made to stand listen to instructions, walk in a straight line, turn around and walk back towards the officer.
• The police will also tell you to place your feet together, then tilt your head back with eyes closed. They will then tell you to touch your nose. The police will check for any signs of difficulty on your part such as losing balance, not being able to touch your nose, swaying, and other signs of impairment.

Chemical Blood Test/Breathalyzer Test

The blood test will check your breath, blood, or urine to see if your blood alcohol concentration (BAC) level is within the legal limit. If your BAC exceeds .08 percent, you are above the legal limit and will be charged with DUI. The blood and urine tests will be conducted at the hospital while the breathalyzer test will be conducted at the place where you were pulled over.

Two types of breath tests will be conducted: pre and post arrest. The former will be done at the area where you were flagged

If you doubt the result of the test, you can always contest it with the help of an attorney.

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