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sjfcontrol wrote:
Keith B wrote:And of course, not real.
Aww, Keith! Next you'll be telling us there is no Santa Clause, or Tooth Fairy!

Nope, would never tell you that. It's just that people who are drunk only THINK they can dance this well.

Bullwhip wrote:
[youtube][/youtube]

And of course, not real.

Kythas wrote:
gigag04 wrote:Regarding the guy with Polio - during pre-screening you obtain info about the suspect's medical history. If you don't get the info, how would you know about the issue. The test also aren't validate for elderly or people 50lbs overweight.

Re: sjfcontrol

You can't walk a line and turn? Can you walk normally when not performing a test? Can you stand on a leg?

Are you elderly or overweight? Do you have any long term injuries? What do you mean when you say you "couldn't" do the tests...

The only reason I've seen that people can't even attempt it is they are extremely intoxicated. Most can do the test, even if exhibiting clues...
giga, how about this scenario?

My left knee is busted up from a motorcycle accident about 2 years ago. I have also had a total hip replacement of my right hip. In addition, I have Meniere's Disease (which I believe is a result of the Gulf War but the VA disagrees...but I digress). Meniere's Disease is a disease of the inner ear which can cause vertigo and equilibrium problems.

So, it's very difficult for me to normally stand on one leg - either one. If I walk in a line and turn fast, I might lose my balance. I can't for the life of me close my eyes and walk in a straight line (I always drift right). I even find myself brushing against the wall in my house while walking down the hallway and don't even realize I'm drifting - I think I'm walking straight until my right shoulder hits the wall.

This is part of the reason I don't drink at all anymore. I stopped drinking even before I got my CHL because I'm deathly afraid of getting pulled over after even one beer and, due to my medical issues, failing the tests. After all, how many cops are aware of Meniere's Disease? If someone you were testing told you they're off balance and can't perform the tests due to a disease of their inner ear, would you believe them?

To be honest, I'm afraid of getting pulled over and failing the tests even after drinking nothing but water.

I am gonna jump in here for a minute. You have stated you have Meniere's and the effect it has on your ability to judge a strait line. Vertigo can be a serious issue when driving, as you lose perception of up and down and can impede your visionary acuteness. Doctors will tell you to NOT drink if you suffer from Meniere's as it can intensify the effect.

So, just like being overly tired and having one beer can cause you to not have normal use of your faculties, the same goes for your Meniere's and the other physical impediments. Without the alcohol, you may be fine, but just add a beer and you could be at the point you were overly impaired. As a pilot, we are limited on what medications we can take and fly with. Many of those are over-the-counter cold remedies that make me ineligible to fly. The same really goes for driving, operating heavy machinery (which a car is heavy machinery), etc.

Bottom line, when you have other ailments, take medication, etc., you need to know how it has affected YOUR abilities and to what extent. Any combination of things that impair you can cause you to not be able to pass a field sobriety test and be headed for the hoosegow if deemed incapable of safely operating the vehicle and DUI.

As mentioned before, it all boils down to impairment. If you are deemed 'impaired' and the officer feels it is enough to arrest you for DWI, then you can be taken in. Impairment can be from alcohol, drugs (illegal or legal), medical conditions where you are over or under medicated or not reacting well (diabetic or bipolar, etc.), even lack of sleep or other factors that play together to cause the impairment.

If the officer feels he has reasonable suspicion you are impaired, then he can perform field sobriety tests to see if your reactions and responses are appropriate. At that time, if he feels he has probable cause to arrest you for DWI, then he can. Alcohol doesn't even have to come into play.

Now, the big issue is you are going to have to get a lawyer to try and beat the DWI charge in court. But, as mentioned, they are going to need more evidence than just 'I smelled alcohol on his breath and he was acting strangely." This means BAC or test for intoxicants in the blood stream, etc. Also, many court cases rely on dash-cam video now to help prove that the individual was impaired and had lost use of their faculties. Without hard evidence like this, Judges and Juries will usually let someone walk.

Here is a perfect example of someone who may be a little impaired

[youtube][/youtube]

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