Older drivers face the same sobriety tests
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.”