From the moment the officer makes contact with the driver, he's evaluating the condition of the operator. When I would pull over a suspected DUI, here's how it would go:
I first take notice of the person's general appearance and demeanor...is his/her face flushed? Are his/her eyes bloodshot? Is their hair messed up? Do they have the aroma of an alcoholic beverage around them? Is his/her speech slurred?
Then I ask the driver for his/her license and see how long it takes them to find it, and how good their dexterity is. While they're looking for it, I'll ask them a simple question such as , "What year is your car?" If they stop what they're doing, look up at me and say, "Huh?" that's an indication of intoxication. It's a scientifically proven fact that a person who is intoxicated cannot perform two mental functions at the same time; my asking them the year of their car brought their function of looking for the license to a screeching halt, and they were so intent on finding the license that they didn't hear my question.
After I get their license, I'd ask them what their middle name was. 99% of the people who are intoxicated will respond with a conditioned answer - and will give me their LAST name. After all, how often are you asked your LAST name as compared to your middle name?
If your license shows your social security number, I'll ask you what the middle two numbers are, and see how long it takes you to answer me - and if your answer is correct.
If I think you're intoxicated, now it's time for the field sobriety tests. FST's are designed to be "dual concentration tests" which require you to perform two physical acts at once - something that science has proven is impossible for an intoxicated person to do.
If you're in a wheelchair or are on crutches, or are unable to complete the physical tests for any reason, I'll go to the Horizontal Gaze Nystagmus test. This tests measures the naturally-occurring nystagmus - or involuntary jerking of the eye muscles - present when your eye is tracking a moving object on a horizontal plane. Everyone has nystagmus; alcohol only magnifies it to the point where it's visible to the naked eye. In Virginia, there are 6 points on the HGN test; if you score 4 or higher, science has proven that there is a 70% chance that you have a Blood Alcohol Content - BAC - of .10% OR HIGHER.
After this, it's off to the station for the breath test for you.
As you can see, being confined to a wheelchair doesn't mean you can't prove intoxication if you're properly trained.
2007-01-10 02:11:47
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answer #1
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answered by Team Chief 5
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2016-06-10 06:03:12
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answer #2
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answered by ? 3
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The non-walking parts of the field sobriety test.
And those tests are just as much about the person's demeanor while taking the test as the actual physical part.
2007-01-09 22:58:05
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answer #3
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answered by amg503 7
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Coordination tests based on what their handicap is... they can't walk the line toe to toe, but can they do the touch your nose with your eyes closed because they have use of both arms? It's up to the officer's discretion.
2007-01-10 01:13:17
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answer #4
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answered by Anonymous
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A blood test can be done. If the blood alcohol content is too high, an arrest is sure to follow.
2007-01-09 22:56:47
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answer #5
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answered by Paul H 6
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Same test, a wheelchair is classed as a vehicle.
2007-01-10 00:26:40
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answer #6
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answered by Anonymous
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Roadside tests are a joke and also totally voluntary although they don't tell you that. You should not and don't have to do them ask for blood urine or breath tests, they must comply by law although people are people goo and bad even cops......
2007-01-09 22:58:06
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answer #7
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answered by Anonymous
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Questioning and observation.
2007-01-09 22:55:01
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answer #8
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answered by Anonymous
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Operating a wheelchair while under the influence isn't a crime.
2007-01-09 22:57:27
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answer #9
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answered by Anonymous
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