Las Vegas DUI Tests

A DUI test will aid a police officer in determining if a person is in violation of a DUI and assist in building a case against you. Several of these tests are famously known as field sobriety tests. While they are made the butt of many jokes, the commission of a DUI is no laughing matter. Actually several of these tests have been found to in no way indicate whether or not a person is indeed intoxicated. There is also a notion that the tests provided are, by design, seeking for you to fail at them. Your Las Vegas DUI attorneys may advise you that you should refuse to take field sobriety tests [FST].

The standardized field sobriety tests were formulated in the 1970’s by a government grant. The research was done by the government and the purpose of them was to give the prosecutor one more tool to add to their arsenal to help them get gain DUI convictions.

Scientific studies show that 95% of these tests are wrongly administered.

DUI Tests

There are 3 areas you will be tested in to determine your level of sobriety. You may not actually be required to perform in all three areas of testing.

Field Sobriety Test

Breathalyzer Test

Blood Test

The Drink Wheel
On-Line BrAC Calculator
About Disclaimer

I have had over a period of hour(s)².

I am Male Female (Explanation of gender differences in Blood Alcohol Concentration)

and I weigh Pounds Kilograms

and I live in (so that the result is displayed in the appropriate units).

Courtesy of Intoximeters Inc.

Field Sobriety Test

Such tests include but are not limited to:

Horizontal gaze nystagmus test (following an object like a pen or finger from side-to-side with your eyes);
One leg standing test;
Walk a straight line and turn test;
Finger-to-nose test;
Rhomberg test (also called modified position of attention),
Fingers to thumb
Reciting the alphabet (forward or backward);
Hand pat.

Once again, surprisingly, your DUI / DWI attorney or criminal defense lawyer may advise you that you are not required by law to have to submit to these tests if you’re over the age of 21.

Breathalyzer Test:

Attorney General INFORMATION BULLETIN
March 1, 2006
California Department of Justice
Rick Oules, Director
Procedures Using the Evidential Portable Alcohol System (Epas)A1cotest 7410 Plus.
purpose of this Bulletin to advise:
Operators should not block exit port. Blocking the exit port of the mouthpiece can affect alcohol concentration. Operators should not block the exit port. Sincerely,
RICK OULES, Director
Division of Law Enforcement
BILL LOCKYER
Attorney General

[it may be the case that an officer holds his finger over the exit port on a breathalyzer and spikes your B.A.C. reading up some 0.08 points or more. There have been cases where blocking the exit port raises the B.A.C. reading by 0.12. That alone constitutes nearly a felony charge of DUI / DWI in the state of Nevada.

Since its inception, the breathalyzer test to detect intoxication has been fraught with hazards. The usual breath machine or device Nevada police use is the Intoxilyzer 5000. The chief opponents of the field device, now commonly known as the Breathalyzer have always held that they are not accurate.

“Are the police maintaining the equipment of breath machine to make sure that it's accurate.”

Customarily what they attempt to do is analyze the content of alcohol or ethanol in your breath. This is not always possible. Quite a few devices are nearly incapable of detecting ethanol at all or incapable of distinguishing other chemicals on the breath from ethanol. For instance, should you be on some medication, be diabetic, a chronic abuser of alcohol, i.e. alcoholic it might give a false positive reaction. The true problem is that it attempts to read the methyl group commonly found in ethanol. However, this group is present in all the aforementioned cases as well. In short it isn’t specific enough to the exclusion of all other compounds to justify it as unquestionable proof of alcohol intoxication.

“What should I do when I’m pulled over by the police? Your rights are guaranteed by the U.S. Constitution.”

There is no penalty for refusing a Field Sobriety Tests or the breathalyzer test in the field, in the state of Nevada. Also, given your Miranda Rights you should be polite but refuse any and all questions. You would be well advised to request your attorney immediately following your arrest.

Blood Test:

It is the per se law that by your agreement to own a Nevada Drivers License, you give tacit consent to submit to a blood alcohol test, at the station, and thus cannot refuse it.

Your Nevada DUI attorney may be able to argue down the per se law in light of the 1985 Supreme Court ruling in Francis v. Franklin.

You may want to bring this case to the attention of your attorney. It might be a very good piece to assist him / her with.

Design by Boundless Enterprise: Kevin Cardinale

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