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Why You Should Never Submit to Police Field Sobriety Tests
Walk the line - If you drink and drive, you might have
to answer to one of these guys.
By Kimiko L. Martinez - Courtesy of http://www.intakeweekly.com/
What with holiday parties and vacations, drinking and driving is a particular risk this time of year. (Appropriate then that it's National Drunk and Drugged Driving Prevention Month.)
So I decided to spend the evening with Daniel Shragal, one of three officers on the Indianapolis Police Department's DUI Unit. Other officers are, of course, trained to deal with drunk drivers, but Shragal has additional training, including drug recognition.
So if someone gets pulled over for impaired driving but blows only a 0.01 on a blood alcohol breath test, he can tell whether the person might be under the influence of something else -- marijuana, narcotics or prescription drugs.
The job
Shragal is free to patrol whichever area of town he feels like heading to and spends much of the early evening hours simply driving around looking for suspicious behavior -- like people weaving in and out of traffic, not maintaining a consistent speed, crossing the center yellow line, running red lights or stop signs or, the obvious one, crashing into something.
He also might be called to go to an accident scene or to the site of a possible DUI to assist other officers in an investigation. "It can be a boring job until you have someone in front of you," Shragal said.
What it takes
According to Sgt. Bill Weber, the stereotypical rough and tumble gruff guys who play police officers in the movies aren't the type who would work well on the DUI Enforcement Unit.
"You attract more flies with honey and sugar," Weber said.
And since so many drunks are willing to gab, when an officer is being nice, they're apparently more likely to spill vital info like how much they've been drinking, where they've been drinking and more.
Have a drink
Just because they're enforcing DUIs doesn't mean these guys are against drinking. If you're of age, it's legal. So go out and have a good time, just don't drive.
That's the point they're trying to make.
"Either have a designated driver or get a cab," Weber said.
If you don't, these guys won't let you off -- not if you're the best man in a wedding tomorrow, not if you're an Army Reserve medic, not if you're a professional athlete, not if you need to be home for a big family dinner in 12 hours, not even if you're a fellow officer.
"I don't let anyone go," Weber said. "If you make an exception once, where do you draw the line?"
Police officer administering Horizontal Gaze Nystagmus (HGN) Evaluation as part of a police arrest. Officer may use finger, penlight or other object as the stimulus. Don't submit to ANY field evaluations in Georgia, since the Georgia Constitution permits you to politely decline such "testing" at the roadway.
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Sobriety tests
Horizontal Gaze Nystagmus (HGN)
• The test: The "follow this pen/flashlight with your eyes" test.
• What they look for: Nystagmus is the involuntary jerking of the eye that happens when gazing to the side. Normally a person's eyes should roll smoothly from one side to the other, like a marble across the floor, Shragal said. Alcohol causes this motion to be exaggerated, looking more like a tennis ball bouncing across a driveway. Also, vertical nystagmus (up and down) can indicate whether the amount of alcohol consumed was a lot for that person. For example, an alcoholic who drinks 10 drinks may not show any vertical nystagmus, but if someone who doesn't normally drink consumes 10 drinks, he or she probably will.
Walk and Turn (WAT)
• The test: Take nine heel-to-toe steps on a straight line, turn and repeat.
• What they look for: This is a divided attention test to see if the suspect can split his/her attention between mental and physical tasks, as they're being asked to listen and follow instructions while performing the action. Officers look for whether the suspect keeps his or her balance, begins before instructed, does not touch heel-to-toe, steps off the line, makes an improper turn or takes an incorrect number of steps. NHTSA research indicates that 79 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.08 or greater.
One-Leg Stand (OLS)
• The test: Stand on one foot and raise the opposite foot about 6 inches off the ground while counting to 30 (one thousand-one, one thousand-two) or until instructed to stop.
• What they look for: Swaying while balancing, using arms to balance, hopping to maintain balance and putting the foot down. NHTSA research indicates that 83 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.08 of greater.
Breath/blood tests
If an officer has probable cause to believe a suspect has operated a vehicle while intoxicated, based on sobriety tests, he/she will offer a breath test to get a blood alcohol reading. A person can refuse, but they'll automatically lose their license for a year. And according to Sgt. Bill Weber, IPD DUI unit, Indiana law allows officers to request a search warrant, which will give them permission to draw blood instead. And though some time may have elapsed (they have 3 hours from the time you're pulled over), blood usually tends to show higher results than breath tests.
Source: Officer Daniel Shragal and the U.S. Dept. of Transportation
If you are pulled over
• Stop. Duh. Getting chased by the police is always a bad thing.
• Stay in your vehicle until instructed otherwise.
• Keep your hands on the steering wheel and turn on the interior light.
• Don't argue. Yelling at an officer usually makes him mad, and he'll wonder why you're being so defensive.
About this job
• Qualifications: A natural interest in DUI work (it takes a certain type of personality to work with drunk people), good verbal skills, ability to perform standardized sobriety tests and report writing skills.
• Pay range: $50,000 and up, depending on overtime, time in court, additional training and more.
• Best part: Using their DUI and drug recognition training (knowing the way different types of drugs affect the body and utilizing specialized instruments) to make a case and convict people. "We've gained a reputation in the courts for our knowledge and professionalism," Shragal said. The freedom, variety and excitement of police work are nice, too.
• Worst part: Lack of sleep. Late night shifts, plus having to be in court during the day, equals very little sleep.
• Perks: Training-associated travel.
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William C. Head, Senior Partner
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