Boise DUI Attorneys - Idaho Criminal Lawyer - Accuracy of Field Sobriety Tests

Boise DUI Attorneys - Criminal Lawyer in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.

Boise DUI Attorneys are always asked what the standard field sobriety tests are and if they are valid.  The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI.  Standardizing the tests ensures consistency.

The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS).  These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI.  Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.

Boise Criminal Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests.  Attorneys use challenges to probable cause to exclude evidence.  Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.

The Horizontal Gaze Nystagmus works on the principle of eye muscle control.  An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.

The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot.  The officer looks for clues as the suspect performs the tests.  Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step.  As a Boise DUI attorney I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.

The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds.  As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down.  Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC.  Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly.  And, again, I would suggest that most people, especially the older you get, will fail this test.

DUI officers are trained to look at the three tests individually and as a whole.  When looking at the results of all three tests they get what is known as a Combined Measures.  With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.

So, these are the standardized tests to establish probable cause for arrest on DUI.  The two most frequent questions Boise Criminal Lawyers get are, "Are they effective  and Can they be challenged?".

According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially.  In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were:  HGN - 77%, WAT - 8% and the OLS - 65%.  The Combined Measures resulted in an 81% accuracy arrest for DUI.  In 1998, when the legal limit had been reduced to .08, the results were:  HGN - 88%, WAT - 79%, and OLS - 83%.  This translates into a Combined Measure accuracy of 91%.

In light of the NHTSA accuracy statistics can a DUI Attorney still challenge the results.  Absolutely.  There are many factors which can go into failing a field sobriety test.  Some examples of this are medical conditions such as vertigo or eye disease.  Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN.  Criminal Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.

If you have been charged with DUI in Idaho and need to speak to a Boise DUI Attorney or an Idaho Criminal Lawyer, please call (208) 472-2383.

In addition to DUI and Criminal Law, Kershisnik Law offers representation in a variety of areas including divorce, custody, family law, probate, wills, estate planning, small business law, personal injury and employment law.  If you need to speak to a Boise Divorce Attorney, a Boise Probate Attorney, or an Idaho Personal Injury Lawyer, Employment Lawyer or Small Business Attorney, give us a call and see what we can do for you.

Boise Probate Attorneys, Family Law Lawyers, Boise Divorce Attorneys

Boise Probate Attorneys, Family Law Lawyers and Boise Divorce Attorneys, call (208) 472-2383

As a Boise Probate Attorney I am always preaching about the importance and the benefits of writing a will.  A will, along with an estate plan, helps you to distribute your property and your wealth the way you want upon your death.

As a Boise Divorce Attorney, I am also always reminding people that they need to change their wills if they get a divorce.

Settling your estate in probate after a divorce can get complicated and expensive for your heirs if the will is not cleaned up after divorce.  Failure to remove property that you no longer own or failure to remove your ex spouse's name and include your new spouse leaves your estate open to attack.  In probate, the will of the testator is an important factor, but there is nothing more clear than removing your ex spouse's name from the will.

Take the advice of a Boise Divorce Attorney, before you need a Boise Probate Attorney.  Always change your will if you have gotten a divorce.

If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call (208) 472-2383.  You can also visit our website for helpful information concerning divorce and probate.  Here you will find a quick contact form.  You can fill out the form and one of our attorneys will get right back to you.

Boise Probate Attorneys - Idaho Estate Planning Lawyers - Non Probate Transfers

Boise Probate Attorneys, Idaho Estate Planning Lawyers, Probate, Wills, Trusts and Estate Planning, call (208) 472-2383 or visit www.kershisniklaw.com or www.lawboiseid.com - Free consultation.

Boise Probate Attorneys are often asked what, if anything, is a non probate transfer and why would someone want something to be transferred outside of a will?  Firstly, you can avoid potential inheritance tax for your heirs if you transfer property outside of a will.  Secondly, there are many ways to transfer property or income outside of your estate resulting in a non probate transfer. 

Common ways Idaho Estate Planning Lawyers by-pass the testamentary transfer of property is through non probate transfers.  Examples of these are trusts that are created during the lifetime of an individual.  Idaho Estate Planning lawyers create a inter-vivos trust where the individual transfers all their property to the trust, but they retain control of the property during their lifetime.  The trust names beneficiaries and upon the death of the individual the property passes to the beneficiaries without the need to go through probate. 

Estate Planning Attorneys also often have their clients use life insurance as a way to pass income outside a testamentary devise.  The insurance policy can potentially transfer a much larger sum of money than the individual paid in, and the proceeds from the life insurance policy transfer outside of the estate making a non probate transfer. 

Another way to pass income outside of probate is through the use of bank accounts.  If you have a joint account and one of the parties dies, the balance in the account becomes the property of the other party named on the account.  Another bank account method to by-pass probate is the "Totten Trust"  A Totten Trust is basically a P.O.D. account.  By designating a bank account as a Totten Trust, payable on death to named beneficiaries, Probate Attorneys are able to help their clients create a trust to pass money outside of probate.

For other ways to create non probate transfers or if you need to speak to a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383.

Boise Attorneys

Welcome to the new blog for Boise Attorneys at Kershisnik Law.  In this blog our lawyers will discuss various issues effecting the areas of law our Boise attorneys practice.  These include divorce, custody, probate, DUI, criminal law, personal injury, employment law and small business law.  We welcome your readership and look forward to blogging with you.

If you need to speak with a lawyer in Boise, Idaho or have issues you would like to discuss with one of our attorneys, please call (208) 472-2383 or visit us at www.kershisniklaw.com or www.lawboiseid.com