Posts Tagged ‘National Highway Traffic Safety Administration’

Are the Standardized Field Sobriety Tests Fair to Fatter People?

February 1st, 2012
Police in Connecticut administer the one leg s...

Being overweight can impact your performance on the standardized field sobriety tests.  The government agency tasked with verifying the validity of the standardized field sobriety tests is the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA concedes that being fifty or more pounds overweight affects performance on the one-leg stand test; a test requiring the suspect to raise a foot off the ground and stand on one foot for 30 seconds. See NHTSA, DWI Detection and Standardized Field Sobriety Testing, Participant’s Manual (2006), re: WAT at VIII-11, re: OLS at VIII-13. Id. re: 50 lbs at VIII-13.  In older versions and in the early validation studies, the same overweight warnings were applied to the walk and turn test. Given that 64.5 percent of Americans are overweight and 30.5 percent are obese, we see that a vast number of Americans may be bad subject for at least two of the three standardized field sobriety tests.  See Dixie L. Thompson, Jennifer Rakow, Sara M. Perdue, Relationship between Accumulated Walking and Body Composition in Middle-Ages Women, OFFICIAL J. OF THE AMERICAN COLLEGE OF SPORTS  MEDICINE, 913 (Jan. 2004).  Science also tells us that age, physical activity and gender can affect the performance on the standardized field sobriety tests.  Charles M. Rowland II has completed the most recent NHTSA training in standardized field sobriety tests and can help you aggressively fight your Ohio DUI case.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Springboro, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,  and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

Intoxilyzer 8000 Is Unreliable!

January 27th, 2012

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that “The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored.”

The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector inadequacy.  Judge Dumm wrote, “If this testing is not done independently of CMI and ODH, all municipal courts in Ohio will be dealing with these challenges for years to come.” The Court also states, “At a time when scientific testing can readily determine the accuracy and validity of many tools and processes, it would seem that both CMI and ODH should be happy to run independent testing with known and respectable laboratories to determine the accuracy and reliability of the equipment.”

The Court does not address the looming question of whether or not ODH or CMI will have to turn over source code data.  However, the Court eviscerated ODH stating that “the less than candid answers to the questions regarding the data base, the ability of CMI to enter and alter the machine without knowledge or documentation, lack of explanation of newer versions software, missing information and unexplained inconsistent results clearly cast doubt on ODH’s transparency as to the Intoxilyzer 8000.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI.”

DaytonDUI, Defending a Breath Test Case

January 26th, 2012
Big Bad Wolf

“I’ll Huff and I’ll Puff and Blow Your House Down”

Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test?  According to scientific research, “[t]he subject’s test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation.” (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.

Hyperventilation “…lowers the breath alcohol concentration by as much as 20% compared with a single moderate inhalation and forced exhalation used as control tests.” Id. (Jones, 1982).  Whereas, “holding breath for a short time (20 seconds) before exhalation increases the alcohol concentration in exhaled air by 15%. Id. (Jones, 1982).

With Ohio’s adoption of the Intoxilyzer 8000 breath test machine, attorneys should be on the look out for these types of breathing pattern defenses.  Tell your Ohio DUI lawyer if you were asked to hold your breath, blow in an unusual pattern or if the officer abruptly told you to stop blowing.  Your attorney needs to know how you blew because an operator may be looking to manipulate your breath pattern to force agreement of a first blow and  a second blow.

Charles M. Rowland II, DaytonDUI, is certified on the Intoxilyzer 8000 and has attended training on the machine wherein defenses like the breathing pattern defense and the long-blow breath test defense are explained in scientific detail.  He has been a city prosecutor and is Ohio’s only Forensic Sobriety Assessment certified attorney.  If you need to fight your DUI, contact attorney Charles M. Rowland II at 937-318-1DUI or 888-ROWLAND. “All I do is DUI Defense.”

DUI Science: How To Read The Correlation Studies in the NHTSA Manual

January 23rd, 2012

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.”  This guide sets forth some of the most common and reliable indicators of drunk driving.  The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment.  The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. “Appearing to be drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without cause in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately (other than in lane)
  18. Turning abruptly or illegally
  19. Accelerating or decelerating rapidly
  20. Headlights off
What’s more, they have assigned a probability of intoxication to each of the indicators.  For example, a person who turns with a wide radius will have a blood-alcohol concentration of .10 or higher 65 out of 100 times.  A person who  appears drunk will have a blood-alcohol concentration of .10 or higher 60 times out of 100.  There is also a procedure for calculating multiple factors, “When two or more cues are seen, add 5% to the highest value among the cues observed.”  If we see turning with a wide radius and a suspect who appears drunk, we take the higher number and add 10 (65 + 5 = 70).   Thus, 30 people out of 100 who appear drunk and turn with a wide radius are not at or above the .10 BAC threshold.

Another example: drifting at night had a 45% correlation to a .10 BAC or more and braking erratically  has a correlation of  35% to a BAC of .10 or more.  Thus if we have a driver who was breaking erratically (35%) and drifting (45%) we add 5% to the highest clue to conclude that the driver would have a correlation of 50% to a BAC of .10 or more (only if he or she were driving at night, of course).  Let’s throw in another clue.  Say our suspect was also turning with a wide radius which is correlated to a 60% chance the driver is above a .10 BAC.  When three or more clues are present we add 10% to the highest clue total (in this case the 60% turning with a wide radius) for a total correlation of 70%.  The individual clues have numbers written beside them in the manual which gives the correlation for the clue alone and in combination.  For instance “Problem Maintaining Proper Lane Position” has a correlation of 50% when indicated alone and a 75% correlation when combined with any other clue.  You can visit the NHTSA website at http://www.nhtsa.gov/people/injury/alcohol/dwidwihtml/index.htm for more on the studies and the driving clues or read How to Beat a DUI by James Nesci, pp. 13-15.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”

 

NHTSA Targets Motorcyclists for DUI Enforcement

January 20th, 2012

NHTSA Devotes Time And Dollars To Study Motorcycle DUI

I liked this one

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists involved in fatal crashes are 2.5 times more likely to have consumed alcohol than passenger vehicle drivers.  In 2007, the number of alcohol-impaired motorcyclists in fatal crashes increased by 10 percent while the number of alcohol-impaired drivers of passenger cars declined 6 percent.  (NHTSA defines “alcohol impaired” for vehicle operators over 21 with Blood Alcohol Content (BAC) measured over the 50-state legal limit of 0.08 grams/deciliter.)  Because of these statistics, NHTSA has singled out the riding community for targeted DUI enforcement efforts.

In the mid-90s, NHTSA conducted focus groups of 70 men and 15 women who admitted they drank and rode motorcycles.  Judge for yourself if NHTSA was fair in its representation of motorcyclists.  For example, one motorcyclist from Denver said a little alcohol improved his riding.  “I know that when I ride and I have a beer it feels better riding. It loosens you up – it relieves tension,” he said, “It feels more exciting riding. You enjoy your ride better if you have one beer.”  ”If you don’t fall down within the first few feet, you’re going to be okay,” said the rider from Denver, “I’ve seen guys do that. There’s something about being on a motorcycle – you focus yourself. When you get on your motorcycle and hit the road, the wind and the air just seem to go, “Boom, I’m okay now.”  Another rider from Boston concurred.  “If they’re totally wasted, then you worry about their safety,” he said, “If they’re just a little bit wasted then it’s, ‘Watch out for the cops.’”

The National Highway Transportation Safety Administration (NHTSA) has also developed a guide specific to motorcycle operators.  The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify “cues” of impaired drivers.  Over 100 “cues” were narrowed down to 14.  NHTSA lables 7 of these “cues” as “excellent” predictors of impairment and 7 are considered “good” predictors of impairment.  According to NHTSA “excellent” is defined as having a greater than 50% predictive capability.  ”Good” means that the tests are 30-50% predictive (much less than a coin toss).

The “cues” that police officers look for when investigating impaired motorcycle operators are:

Excellent Cues (50% or greater probability)

  • Drifting during a turn or curve
  • Trouble with a dismount
  • Trouble with balance at a stop
  • Turning problems (unsteady, sudden corrections, late breaking, improper lean angle)
  • Inattentive to surroundings
  • Inappropriate or unusual behavior (carrying or dropping and object, urinating at roadside, disorderly conduct)
  • Weaving
Good Cues (30-49% probability)
  • Erratic movement while going straight
  • Operating without lights at night
  • Recklessness
  • Following too closely
  • Running stop light or sign
  • Evasion
  • Wrong way
The guide does not tie the cues to any correlated BAC.  Instead it simply uses the cues to say that a driver is “DWI” without defining what that means in terms of BAC or impairment.  Another glaring problem with the study is the fact that experienced police officers do not think it is valid.  At page three the guide states, “…some officers, even those with many years of experience reported they believe there are no cues that can be used to distinguish DWI from unimpaired motorcycle operation.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.