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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com

 
FIELD SOBRIETY TESTS

The National Highway Traffic Safety Administrations (NHTSA) developed a manual used to train the police. After reviewing the manual, you can see just how subjective these tests are, and how little they have to do with the actual process of driving.

Note: Not all agencies follow the above manual. Some officers were trained using locally prepared manuals.
One such program, sponsored by Michigan State University, is titled

Police Alcohol and Other Drugs Enforcement Seminar

NHTSA Manual

  Field Sobriety Tests
 
Test One - Horizontal Gaze Nystagmus

There are evaluations of two subjects in the video. You will notice that the second subject is said to exhibit cues that indicate impairment. The differences are very subtle, and some might say they are not even noticeable. There are numerous reasons why your eyes might not be functioning or looking normal that have nothing to do with alcohol or illegal substances. Dan Ambrose has the experience to look at the circumstances of your case.

Test Two - The Walk and Turn

You can tell that the Walk and Turn is not an exercise that people perform on a regular basis. The guidelines have so many cues that the officer is looking for that it might be impossible to perform a perfect Walk and Turn. Even after watching the video and practicing, see what a friend or family member subjectively thinks about your performance.

Test Three - The One Leg Stand

You should always try this exercise in a safe environment. Some drivers have had to perform the test on snow, in high heels, and other tough situations. Any physical disability or problems should be made clear to the officer, especially if you feel you would be putting yourself at risk of falling.

WHAT IF I CAN'T DO THESE PHYSICAL EXERCISES?

There are other tests that do not involve as much leg movement. Some officers might use the following if confronted with a driver's physical limitations:

1. The Alphabet

You may be asked to recite the alphabet from A to Z or from a random letter to another random letter. The officer will most likely tell you not to sing the alphabet the way children do, but instead to recite each letter in a non-rhythmic manner.

2. Finger to Nose

An officer might ask you to do the following:

Stand with your heels together. Tilt your head back slightly. Point both of your forefingers directly out to your side, pointing parallel to the ground. The officer will tell you which finger to then bring in to the tip of your nose. Sometimes an officer will develop a "right, left, right, left" rhythm, and will then switch to "left, left" or "right, right", so see if the driver is able to catch the difference.

3. Finger Count

In this exercise, you are told to start with you hand raised to shoulder level, with your palm facing the officer. The officer will usually demonstrate the exercise first. You are told to touch your thumb to your first finger counting the number one. Then the thumb needs to touch each finger until you reach the pinky finger, counting each time. For example, you would then count two when touching the middle finger with your thumb, three when the thumb touches the ring finger, and four on the pinky.

You then have to tap the pinky finger a second time, counting four. Then go backwards, counting the ring finger as three, the middle finger as two, and the pointing finger as one. When you try it a couple of times, it starts to come more naturally. Unfortunately, people are asked to learn it for the first time in very stressful situations.

ALWAYS ASSUME YOU ARE ON VIDEO!

It is rare that an officer will tell you that a video camera is rolling, so just assume there is one on. An officer might ask some questions that relax you or that might be humorous. It is important that you are seen as taking the entire process seriously. You must understand that this entire process may be viewed and scrutinized by a jury of your peers months after the traffic stop. Jurors might misinterpret your comfort with impairment, when all you were really doing was showing respect to the officer.

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  The Ambrose Law Group is comprised of trial lawyers who specialize in Criminal Defense, DUI Defense, Bankruptcy, Family Law, Civil Litigation, CPS Defense, Juvenile Law, and Estates and Trusts. We represent clients in Oakland, Wayne, Macomb, Livingston, Lapeer, Genesee, and Washtenaw Counties.
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