⚖️ Fun fact: You have the RIGHT to refuse a field sobriety test! It's not the same as a breathalyzer. Know the difference! 🗣️
Field sobriety tests (FSTs) and breathalyzer tests are both used to assess intoxication, but they differ in their purpose, method, and legal implications. FSTs are a preliminary assessment of impairment, typically performed on the side of the road, while breathalyzer tests provide a more precise measurement of alcohol content in the blood.
Field Sobriety Tests (FSTs):
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Purpose:To give a preliminary indication of impairment.
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Method:These tests typically involve balancing, coordination, and cognitive tasks like the "walk-and-turn" and "one-leg stand" tests, as well as a test for horizontal gaze nystagmus (eye twitching).
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Accuracy:FSTs are subjective and influenced by factors like weather, physical condition, and the individual's interpretation of the test instructions.
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Legal Implications:While FST results can be used to establish reasonable suspicion for further testing, they are not legally binding and can be refused without penalty in most jurisdictions.
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Examples:
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Walk-and-turn test: The driver walks heel-to-toe, turns, and walks back.
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One-leg stand test: The driver stands on one leg while counting.
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Horizontal gaze nystagmus (HGN) test: The officer observes the driver's eye movements as they follow a pen.
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Walk-and-turn test: The driver walks heel-to-toe, turns, and walks back.
Breathalyzer Tests:
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Purpose:To measure alcohol content in the breath, which can then be translated to blood alcohol concentration (BAC).
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Method:The person blows into a device that measures the amount of alcohol vapor in their breath.
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Accuracy:Breathalyzers are more accurate than FSTs but still have a margin of error and can be affected by various factors like the type of breathalyzer, calibration, and the person's individual physiology.
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Legal Implications:Refusal to take a breathalyzer test after a lawful arrest can result in serious legal consequences, including license suspension or revocation.
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