Why do US police still administer walking the line and ABC tests for suspected DUI?

Question

Don't they have hand held breath testing devices?

Answer 1

In the American legal system, there are a number of things that have to happen before an action like arrest can happen. This is what we call probable cause. In the case of a suspected DUI, there is no way you can know as a Law Enforcement Officer (LEO) that a particular driver is drunk. Before I continue, I'll tell you there are three phases to DUI detection: Vehicle in Motion, Personal Contact, Pre-Arrest Screening.

So you note his driving and any infractions he may make. For example, you note his swerving, his wife turns, his change in speeds, crossing the center line, etc. Then you pull him over for THOSE infractions. (VEHICLE IN MOTION)

Now, breathalyzers are considered in some states a "search" since you are taking the breath from inside the subjects body and using a device to search the breath for alcohol. If you went straight to that with further evidence, a defense lawyer would eat you alive and he would get off for violating his rights. Same for anything. If I was a cop walking down the street, randomly stopped a guy and started digging through his pockets and found a bag of cocain...he would get off scott free and I would lose my job.

So, before I move to searching a sample of his breath, I strengthen my case by looking for more clues of his intoxication to add to what I saw while he was driving. So I note his speech, any order and any other actions that may lead a reasonable person to believe he was intoxicated. I would also use a technique called "Divided Attention" by asking for his drivers license and as he goes for it ask for his insurance and then wait and ask for his registration. A drunk person will usually do the last thing you said first and forget about the first or second, a lot of the time both. This is the Personal Contact phase.

After I've received and noted certain clues upon making contact with the driver that would lead a reasonable person to believe that person is drunk, I can begin the Pre-Arrest Screening Phase. In this phase, is when I solidify my case using field tests like the Standardized Field Sobriety Tests which consists of the Horizontal Gaze Nystagmus (the involuntary jerking of the eyes), one-leg stand, and the walk-and-turn. Those are the three strongest tests that have been proven and upheld in cases around the nation. Anything else (such as a breathalyzer) would simply strengthen my case.

If after watching the Vehicle in Motion, making Personal Contact, and conducting the Pre-Arrest Screening I can make my arrest and begin processing.

Answer 2

properly you notice, formerly than the police suspect a guy or lady forr a DUI, they're required via way of state legislations to go via way of a chain of checks, including working the line, abc forwards and backwards, announcing numbers, putting their left or perfect foot up on a similar time as counting to 30, adjust to the finger. If a guy or lady does now no longer do so sizzling on those checks then the police pull out the breathalizer from the trunk. in the event that they're above the authorized restrict they bypass in simple terms all the way down to the station and serve a on a similar time as and a hefty passable. believe me my dad is a policeman and we've talks approximately concerns like this in any respect circumstances, confidently that's assisting you!

Answer 3

Well you see, before the police suspect a person forr a DUI, they are required by state law to go through a series of tests, including walking the line, abc forwards and backwards, saying numbers, putting their left or right foot up while counting to 30, follow the finger. If a person does not do so hot on these tests then the police pull out the breathalizer from the trunk. If they are above the legal limit they go down to the station and serve some time and a hefty fine. Trust me my dad is a policeman and we have talks about things like this all the time, hopefully this helps you!

Answer 4

There are three Standardized Field Sobriety Tests.

1) Walk and Turn Test (walk 9 steps heel-to-toe, turn and 9 steps back)

2) One-leg stand test

3) Horizontal Gaze Nystagmus test (eyes)

These tests are used by the officers to indicate a level of drunkeness. There are certain factors to look for, and a certain number of *fails* per test means more probable cause.

The handheld field BAC testor, or the PBT (preliminary breath test) is not admissable in court. It is just used as a back up for the officer's suspicions. The pbt is not a certified test. It is reliable enough to give the officer an idea of the BAC, but not exact enough for court.

Once the suspect is brought to the jail they are given an intoxilyzer breath test. The intoxilyzer test is certified and the machine is calibrated before each use. This result is the official BAC for court. The SFST's from above are just used as probable cause to warrant the use of the intoxilyzer.

Answer 5

What if the suspect is impaired by something besides an alcoholic beverage? SFST's are administered in a certain order every time with the PBT given as the final test. If the person fails the tests, showing obvious signs of being impaired, and no alcohol registers on the PBT, it tells the officer he/she needs to skip the Intoxilyzer and get a blood test from the suspect.

Answer 6

Because it's entertaining. My favorite was to drop two dimes and one nickle on the ground and tell them to pick up "A QUARTER". When they say there's no quarter on the ground I tell them not only are you drunk but you can't add either. That's a little cop humor. But really it's all about probable cause and establishing your case. The officer can testify to vehicle operation, initial observation upon contact with the suspect (odor, speech etc.) field tests (balance, verbal and if qualified nystagmus gaze test). That combined with a properly administered breathalizer test makes a good case for the police officer.

Answer 7

Yes most agencies have portable breath testing kits, but it's all good evidence. If you do a few of these tests, including a breath test, you have enough probable cause to haul that person to jail and tow their vehicle. You get them to the jail and do a more sophisticated type of breath test to be sure and charge someone with an actual DUI. It looks good in court to have more that one failed test. And there are a few things that affect a portable test.. like cold weather.

Answer 8

Yes they do mainly because those tests have a history in court as a way to determine impairment but new tests have been added as well. The results of hand held intoxilizers used on the road side are not admissable in court here.

Answer 9

It is just the start,if you fail, then they bring out the Breathalyzer. But so many will refuse to take that...but they will say the ABC's and walk the line...they really think they can something like walk a straight line...after all they do that everyday.

Answer 10

Because the more evidence they have against you, the better for the case. The old-fashioned tests have stood the test of time in court and are still useful.