Louisiana State Police and the Jefferson Parish Sheriff's Office have announced a DWI checkpoint in West Jefferson on Saturday. The Checkpoint is for the purposes of testing drivers to determine if they have been drinking and driving. The traffic stops start at 8 p.m. July 7th, 2012 in an unknown location on the Westbank of Jefferson Parish.
The Louisiana State blood alcohol limit is 0.08% of blood alcohol per volume as set forth in Louisiana Revised Statute 14:98. A person shown to have that blood alcohol concentration or higher will be automatic assumed to be intoxicated. A person has the right under Louisiana State Criminal Statutes to refuse to blow 2 times. On a third refusal the Police have the authority to take blood from a suspect.
It is unknown whether or not the police have a blanket warrant to take blood samples from drivers without the need for a particularized warrant. Remember not to waive your rights and the Louisiana State Department of Motor Vehicles has to give you do process before suspending your license.
One of the most controversial aspects of a DUI stop is the field sobriety test (FSTs). The National Highway Traffic Safety Administration (NHTSA) has developed a model system for managing Standardized Field Sobriety Test (SFST) training. They have published numerous training manuals associated with FSTs. As a result of the NHTSA studies, the walk-and-turn test was determined to be 68% accurate, and the one-leg stand test is only 65% accurate when administered to people within the study parameters.
Harold E. Weiser
No comments:
Post a Comment