Q. What are field sobriety tests?

 

A. The officer will ask to do several things after you have gotten out of your car. One is standing on one foot and holding up the other leg for thirty seconds, also you might be asked to walk a straight line ,heel to toe, counting 1 thru 9 and on the ninth step leave your lead foot on the line and take a series of steps turning around then take nine steps on the line again counting 1 thru 9. The officer also may ask you take your finger and touch the tip of your nose with your index finger, as he asks you to do either right hand or your left.

Q. Do I have to do the field sobriety test.

A. No, the fact that you have the odor of an Alcoholic Beverage about your breath,chances are you will be arrested any way. Remember you are probably being video taped.

Q. Are roadblocks legal?

A. Yes , providing they follow strick  guidelines for operating the road block. Some states require the supervisor at the roadblock testify at the offenders trial.

Q. What constitutes actual physical control?

A. This depends upon the state you are in, and the ability to move the vehicle, have the keys, and the ability to move the vehicle, some states require more.

Q. Can I be forced to give a breath sample or blood sample?

A. Yes, however there is a strict criteria that has to be met. That is the death or serious bodily injury , also this may differ depending on the state.

 

Q. Are the breath machines reliable?

A. No, there are many reasons why they are not accurate, one might be the age of the machine, lack of Maintenance or no maintenance excesses ability of the machine by non-personal.

 

Q. I have the flu can that affects the breath test?

A. Yes Diminished lung capacity rise in body temperature, the fact that your coughing can affect the reading.

Q. Am I required to make any statements?

A. No, you do not have to answer any questions and do not volunteer any information. The less you say the better. Just remember that what you say can be used against you in court.

Q. Am I entitled to an independent test?

A. Yes . Its your only way to disprove the states case.

Q. Do I need a lawyer?

A. My advice is to find the best lawyer in your area, it may be no big deal now, but it can affect you later in life. A number of states requires minimum penalties for first-time offenders. If this is your second offense you might get a two-year license suspension or revocation. Your automobile insurance will rise Tremendously.