Albuquerque Journal

Older drivers face the same sobriety tests

- D’Val Westphal Editorial page editor D’Val Westphal tackles commuter issues for the Metro area on Mondays. Reach her at 8233858; dwestphal@abqjournal.com; or P.O. Drawer J, Albuquerqu­e, N.M. 87103.

NEVER TOO OLD TO

WALK THE DWI LINE: JS asks in an email if there is “an upper age limit on drivers for law enforcemen­t to conduct a field sobriety test?”

Albuquerqu­e Police Department officer Simon Drobik says “anybody driving a motor vehicle that shows impairment­s can be asked to submit to standardiz­ed field test.”

And state Rep. Antonio “Moe” Maestas, D-Albuquerqu­e, a former Albuquerqu­e DWI defense attorney and prosecutor, explains, “There is no age limit per se. In order to overcome ‘age’ arguments by the defense, the officer will give seniors ‘alternativ­e tests.’ ”

He says, “The three Standardiz­ed Field Sobriety Tests (SFSTs) for DWI detection developed by the National Highway & Traffic Safety Administra­tion are:

“1.) Horizontal Gaze Nystagmus, HGN — horizontal and vertical eye test; tracking lack of smoothness when looking back and forth.

“2.) Walk and Turn, WAT — nine steps forward, nine steps back touching heel to toe. “3.) One Leg Stand, OLS — for 30 seconds.” Maestas adds, “It’s a judgement call by the arresting officer whether to give alternativ­e tests in addition to the WAT and OLS. The alternativ­e tests are not as scientific­ally reliable as the three SFSTs but do not require any physical athleticis­m that can be impaired by age or disability.” Those alternativ­es include: “1.) Numbers Backward Test — e.g., 47 to 32; never starts or ends with 5s or 10s.

“2.) Finger Dexterity Test — touching tips of thumb to tips of fingers and counting.

“3. ) ABC Test — e.g., G to R; never starts with A or ends with Z.

“(And) every now and then they’ll use, but (it is) even less statistica­lly reliable:

“4.) Finger-to-Nose Test — extend arm out then touch tip of finger to tip of nose.”

But the tests are just part of what officers look at. Maestas says, “In addition to any impaired driving, to round out the state’s case officers also look for and document the following cues: bloodshot eyes; soiled clothing; fumbling fingers; alcohol containers; drugs or drug parapherna­lia; bruises, bumps or scratches; unusual actions; slurred speech; admission of drinking; inconsiste­nt responses; unusual statements; abusive language; angry or unusual reactions; cannot follow instructio­ns; cannot open the door; leaves the vehicle in gear; climbs out of vehicle; leans against vehicle; and keeps hands on vehicle for balance.” WHEN WILL THE PALOMAS/WYOMING SIGNAL GO LIVE? That question comes from Dave Norton, who called to say that after a safety study gave the Palomas intersecti­on at Wyoming an “F-minus,” neither he nor his wife, Kay, would “even try to make a left turn onto Wyoming.”

He says they are glad to see the signal installed but will be even gladder when it’s operating.

Johnny Chandler, who handles informatio­n for the city of Albuquerqu­e’s Department of Municipal Developmen­t, says the signal should be up and running “by the end of the second week of December.”

 ?? SOURCE: AMAFCA ?? Jerry M. Lovato, executive engineer at the Albuquerqu­e Metropolit­an Arroyo Flood Control Authority, says crews have rounded up “some very good candidates for this year’s tumbleweed snowman.” The creation will once again greet drivers on Interstate 40 beginning the Tuesday after Thanksgivi­ng.
SOURCE: AMAFCA Jerry M. Lovato, executive engineer at the Albuquerqu­e Metropolit­an Arroyo Flood Control Authority, says crews have rounded up “some very good candidates for this year’s tumbleweed snowman.” The creation will once again greet drivers on Interstate 40 beginning the Tuesday after Thanksgivi­ng.
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