Admissibility of Field Sobriety Tests in Drunk Driving Cases¤

There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests.

Driving on a Revoked or Suspended License

A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked.

Rising Alcohol Defense in DUI/DWI Cases

Drunk driving statutes across the country are not always uniform in how they describe the degree of inebriation that is required for conviction for driving under the influence (DUI) and driving while intoxicated (DWI). However, they do generally provide that it is unlawful to have an excessive blood-alcohol concentration at the driving of driving – not at the time of being tested. The statutes in most states provide provisions for a per se illegal offense when a motorist's blood-alcohol level is at or above 0.08%.

Vehicle and License Plate Sanctions for DUI/DWI

When a defendant is convicted of driving under the influence or driving while intoxicated, the defendant is usually subject to a license revocation or suspension, fines, and possible jail time. In addition, many states provide for penalties that affect the defendant's vehicle and license plates.

Expungement of DUI/DWI Convictions

If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged.