The following three drunk driving tests, commonly referred to as the standardized field sobriety Tests or SFSTs, generally provide valid results:

• Horizontal gaze nystagmus,
• Walk and turn, and
• One leg stand.

Beginning in 1975, the above listed battery of tests and various other field sobriety tests were studied by The United States Department of Transportation, National Highway Traffic Safety Administration (NHTSA). The results were published in 1977. Research has shown that when properly administered and used together, these three tests produced reliable results to indicate impairment.

However, many other tests are used by police officers and include exercises that have not been validated. A Carmel drunk driving attorney can advise you regarding any possible issues regarding the particular sobriety tests used in your case.

If you’ve been arrested for drunk driving and are facing a DUI trial, get the legal representation of a skilled Carmel drunk driving attorney who can fight on your behalf. Call Thomas Nash, an experienced Carmel drunk driving attorney, today for a free evaluation of your case.

In determining if the stop is constitutionally justified, different courts have come to different conclusions. The question often becomes one of reasonableness. Was the stop reasonable by an objective standard, or should the basis for the stop be only based upon what the individual officer reported at that time?

For instance, a Texas court has found that a stop was proper because the car did not have a license plate light; in another instance, a Texas court held that the stop was justified because the plate was improperly placed on the rear dash of the vehicle. In California, courts have held a stop to be legally proper because the license plate was partially obscured.

In each instance, the facts support an objective conclusion that any reasonable officer could have observed such an equipment violation and stopped the vehicle for that reason.

However, one California case found it was proper for an officer to stop a vehicle on the basis of illegal window tinting, even though the officer did not fully understand the applicable law on window tinting, because the officer made a mistake in “good faith.” In contrast, a Michigan court found exactly the opposite: a good faith mistake did not justify a stop. In these cases, the individual officer’s observations and knowledge were a key factor in the court’s decision.

What is clear is that the law on what is a legal stop and what is not a legal stop is difficult to understand. If you have a reason to believe you were improperly stopped while driving, please consult a Carmel drunk driving lawyer to fully understand your rights. Contact experienced Carmel drunk driving lawyer Thomas Nash today for a free consultation.

The prosecution in your DUI trial must prove every element of the case against you.  One of those elements is that you must have been actually driving or, more precisely, operating a motor vehicle. It is imperative for your Carmel DUI defense attorney to interview any witnesses who may be able to testify about your operation of the motor vehicle.

What did you say to the police?

Anything you may have said to the police is important, whether it was simply a statement or perhaps may be considered to be an admission.  Most critical are statements or admissions concerning the amount of alcohol you consumed, the time frame within which the alcohol was consumed, and if you were actually driving.

What else is important?

Other factors your Carmel DUI defense attorney needs to know include:

1. Were you taking any prescribed or over-the-counter medicines?
2. Did you have existing medical conditions?
3. What physical condition were you in when the incident occurred? For example, how long since you had slept? How long since you had eaten? What was your overall health?

The answers to these questions may provide your Carmel DUI defense attorney the ability to counter the police allegations of the manner in which you were driving or your performance on any field sobriety tests or chemical tests.

Specifically, the police officer is ordered to administer the test by first advising the suspect to stand with his or her feet together with his or her arms placed down to the side.  Then, the officer requires the suspect to hold that position until he or she is told to begin the test.  Once told to begin the test, the officer tells the suspect to raise his or her leg and keep it stiff while holding the foot parallel just about six inches from the ground. When the suspect has done that, he or she is then told to keep the arms down to the side while looking at the raised foot and count “one thousand and one, one thousand and two, one thousand and three, etc.” until asked to stop.

It is crucial for the officer administering the test to ensure that the test lasts for 30 seconds. And if the suspect counts too slowly, the officer must advise him or her to stop counting when 30 seconds have been reached, even if the subject is only on “one thousand and twenty.” If you have been subjected to a one-leg-stand test and believe that you need the assistance of a Carmel DUI defense attorney, please call Thomas Nash for a free consultation.

You should be sure to keep the shoes that you wore at the time of the sobriety tests in the same condition. This means that if your trial is not going to take place for a long period of time, you will need to avoid wearing those shoes again until your trial date. Doing so will shield against any objections regarding the admissibility of the shoes on the basis that the shoes have changed since the arrest date due to wear.

Another crucial part of your case will be the evidence that any of your potential witnesses can impart at your trial. Accordingly, you should give your Carmel DUI defense attorney the names and contact information for all persons with whom you had contact at the time of your arrest. It is crucial that your lawyer contact these people as soon as possible to advise them of the importance of remembering the day’s events.

Many potential witnesses may not even be aware of the fact that you were arrested.  Expecting a witness who was not previously aware of your arrest to remember the particulars of an otherwise uneventful evening six months after the arrest is asking too much. Thus, the prospective witness’s  memory must be preserved as soon as possible.

You may be hesitant to contact some of the potential witnesses because you do not want them to know of your arrest; however, from a legal standpoint, it is preferable for your attorney to contact all prospective witnesses. Nonetheless, the choice is ultimately yours. If you decline to let your attorney contact a witness, he or she may require you to sign an acknowledgement that you are doing so against the advice of counsel.

If you need an experienced Carmel DUI defense attorney, please call Thomas Nash for a free consultation.