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	<title>Comments on: Overview of Standard Field Sobriety Testing (SFST)</title>
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	<link>http://colebrookslaw.com/criminaldefense/2009/10/11/overview-of-standard-field-sobriety-testing-sfst/</link>
	<description>Published by J. Cole Brooks, Attorney &#38; Counselor At Law, Houston, TX</description>
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		<title>By: Pete</title>
		<link>http://colebrookslaw.com/criminaldefense/2009/10/11/overview-of-standard-field-sobriety-testing-sfst/comment-page-1/#comment-29</link>
		<dc:creator>Pete</dc:creator>
		<pubDate>Fri, 23 Oct 2009 20:39:01 +0000</pubDate>
		<guid isPermaLink="false">http://colebrookslaw.com/criminaldefense/?p=128#comment-29</guid>
		<description>The best defense is to refrain from drinking or taking any medication (legal or otherwise) before driving.  Otherwise, refusing to submit to testing results in all sorts of legal complications including losing your license most of the time so if you are clean of such substances, submitting to a blood or breath test is not a bad idea most of the time.  Face it, if you&#039;ve been drinking and they pull you over, smell booze on your breath, and/or saw you driving poorly, you&#039;re going to jail.  There are all sorts of fallacies regarding the process but if you&#039;re going to act irresponsibly behind the wheel of a car on public streets, be wise enough to hire competent representation. It won&#039;t be cheap but you made that bed when you decided to drive under the influence and then refuse testing.

Quick question for the administrator though, about what does it cost to represent someone these days?  From the ALR hearing to revoke the driver license to the various court resets to a two or so day trial?  I know some fellows charge upwards of $50k for the package deal while others advertise $500 at a starting point (ending up around 9 or 10k if it goes all the way to trial) but those are extremes, yes?</description>
		<content:encoded><![CDATA[<p>The best defense is to refrain from drinking or taking any medication (legal or otherwise) before driving.  Otherwise, refusing to submit to testing results in all sorts of legal complications including losing your license most of the time so if you are clean of such substances, submitting to a blood or breath test is not a bad idea most of the time.  Face it, if you&#8217;ve been drinking and they pull you over, smell booze on your breath, and/or saw you driving poorly, you&#8217;re going to jail.  There are all sorts of fallacies regarding the process but if you&#8217;re going to act irresponsibly behind the wheel of a car on public streets, be wise enough to hire competent representation. It won&#8217;t be cheap but you made that bed when you decided to drive under the influence and then refuse testing.</p>
<p>Quick question for the administrator though, about what does it cost to represent someone these days?  From the ALR hearing to revoke the driver license to the various court resets to a two or so day trial?  I know some fellows charge upwards of $50k for the package deal while others advertise $500 at a starting point (ending up around 9 or 10k if it goes all the way to trial) but those are extremes, yes?</p>
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		<title>By: jcole</title>
		<link>http://colebrookslaw.com/criminaldefense/2009/10/11/overview-of-standard-field-sobriety-testing-sfst/comment-page-1/#comment-22</link>
		<dc:creator>jcole</dc:creator>
		<pubDate>Wed, 21 Oct 2009 01:13:18 +0000</pubDate>
		<guid isPermaLink="false">http://colebrookslaw.com/criminaldefense/?p=128#comment-22</guid>
		<description>Margo,

There are roadside breath tests given here in Texas and in the US generally.  However, in Texas as well as many other States, the prosecutor can prove intoxication based upon the accused&#039;s perceived deficiencies in his/her physical and/or mental capacity to operate a motor vehicle, in lieu of proving that the accused had a blood alcohol content (BAC) over the legal limit.  Thus, the State can prosecute a DWI case without the need to administer a chemical test of the person&#039;s BAC.  So in cases where there is no breath/blood test indicating a person BAC over the legal limit, the Standard Field Sobriety Tests can be used as evidence to prove that a person had diminished mental/physical capacity to operate a motor vehicle.   

Standard Field Sobriety Tests are challenged all the time for a variety of reasons, such as the officer administering the tests was not in strict conformity with the guidelines of administering such test(s).</description>
		<content:encoded><![CDATA[<p>Margo,</p>
<p>There are roadside breath tests given here in Texas and in the US generally.  However, in Texas as well as many other States, the prosecutor can prove intoxication based upon the accused&#8217;s perceived deficiencies in his/her physical and/or mental capacity to operate a motor vehicle, in lieu of proving that the accused had a blood alcohol content (BAC) over the legal limit.  Thus, the State can prosecute a DWI case without the need to administer a chemical test of the person&#8217;s BAC.  So in cases where there is no breath/blood test indicating a person BAC over the legal limit, the Standard Field Sobriety Tests can be used as evidence to prove that a person had diminished mental/physical capacity to operate a motor vehicle.   </p>
<p>Standard Field Sobriety Tests are challenged all the time for a variety of reasons, such as the officer administering the tests was not in strict conformity with the guidelines of administering such test(s).</p>
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		<title>By: Margo</title>
		<link>http://colebrookslaw.com/criminaldefense/2009/10/11/overview-of-standard-field-sobriety-testing-sfst/comment-page-1/#comment-20</link>
		<dc:creator>Margo</dc:creator>
		<pubDate>Mon, 19 Oct 2009 12:56:16 +0000</pubDate>
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		<description>I&#039;m curious, do you not have roadside breath-tests as standard in Texas, or the US generally? 

In the UK, Police can administer a roadside breath-test, with a further (more accurate)breath test being administered at the police station following arrest. The result of the test at the Police Station is the one which will beused as evidence in any prosecution, and refusal to provide a specimin when requested can also be a separate offence, dependent of the circumstnaces, although there is the right to offer a blood-test instead.

I ask because I don&#039;t think that the tests you&#039;ve outlined would be accepted as evidence of being over the drink-drive limit here in the UK. How often are they challenged?</description>
		<content:encoded><![CDATA[<p>I&#8217;m curious, do you not have roadside breath-tests as standard in Texas, or the US generally? </p>
<p>In the UK, Police can administer a roadside breath-test, with a further (more accurate)breath test being administered at the police station following arrest. The result of the test at the Police Station is the one which will beused as evidence in any prosecution, and refusal to provide a specimin when requested can also be a separate offence, dependent of the circumstnaces, although there is the right to offer a blood-test instead.</p>
<p>I ask because I don&#8217;t think that the tests you&#8217;ve outlined would be accepted as evidence of being over the drink-drive limit here in the UK. How often are they challenged?</p>
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