What is the test administered for DUI offenders
Statistics speak for themselves and the DUI statistics are certainly alarming. Last year, 466 people died in Ohio in DUI-related accidents, according to the State Highway Patrol. About 9,000 others were injured by DUI offenders. There are several people who feel that in the US the laws are tough and strict but not tough enough to stop these kinds of DUI statistics from turning into reality. There are several stages that take place during the DUI arrest and these are:
This means that the police officer has stopped the driver on some suspicion which could be an accident that has taken place or at a sobriety checkpoint. This could also mean that the police station has received an anonymous call from a person about the car driver and the car. Also, it could the police officer has witnessed erratic driving.
The police officer will notice these things in the driver such as appearing to be drunk, striking an object or vehicle, swerving, braking erratically, slow speed, inconsistent signaling and a host of other things too that can make a police officer suspect the person of being intoxicated and inebriated.
Also, when we talk about reasonable suspicion it means that the person must have about 25% proof and 50% of statistics to back their behavior.
This is the second stage wherein the police officer will go to the driver’s window and ask pertinent questions. At this point of time he will also note down the behavior and body language. This will be odor, slurred speech, flushed face, blood shot eyes and the overall slower reactions and reflex action that show that the person has consumed alcohol.
This is the test wherein a person is made to stand on one leg. However, this test is facing a lot of flake as it is not accurate all the time. It is correct only at 68% of the times. People who are old, medically unfit and weigh more than say a 50 pounds aren’t able to perform it properly. There is also a divided attention test that a person with alcohol in their blood stream will be unable to perform. The most common of these tests that are administered are the horizontal gaze wherein you follow an object with your eye, the walk and turn, one leg stand and the position of attention maintained for a few minutes.
After all of this if the police officer has enough evidence against the person and is sure that he is under the influence of alcohol he will go ahead and handcuff and arrest him. Then, the offender will be taken to the police station. On the way, the person will be informed about the Miranda right which means that they can remain silent if they don’t want to say anything that might be used against them.
This stage is at the police station wherein the person is administered a chemical test for breath, blood or urine to measure the amount of alcohol in his veins. These samples are then sent to the lab. There might be an instance of the person refusing to submit themselves for the tests, then in that case they will be booked under the driving under the influence act. But, the refusal to comply will have them dealing with a greater penalty.
After the results are out if it is found that the person did not have any alcohol in his blood then he will be released without any further ado however if found guilty based on the counts of symptoms, observed behavior and admissions or performance in the sobrietory test. It could also be on the instance of a specially trained police officer called the Drug Recognition Expert.
The charged driver will be kept in a holding cell and then released when sober. The release will be on bail and a date for the court appearance will be given to him. If the bail cannot be made by the driver then they will be kept in jail until they wait for the remand.