A Texas state appellate court ruling, known as the "Stewart case," has caused questionable breath test estimates to be thrown out of courtrooms in 32 South Texas counties.
Civil libertarians and civil rights supporters have praised the Stewart case for not permitting questionable test estimates to be used to convict individuals who may be innocent.
Myth: Field sobriety tests, being based on scientific principles, accurately identify intoxicated drivers.
Fact: A study conducted by scientists at Clemson University involved showing police officers videotapes of individuals taking six common field sobriety tests. The officers were asked to decide whether suspects were too intoxicated to drive legally. Unknown to the officers, none of the suspects had a BAC above .000. They had zero alcohol in their blood. However, in the professional opinion of the officers, 46% of the completely sober individuals were too drunk to drive! Therefore, use of field sobriety tests led to judgments by law enforcement officers that were about as accurate as flipping a coin. 5
Satoshi Okawa Bio : Abuse and Lose
Statutory Reference: 577.500 and 577.525
If ordered by the court, anyone under 21 years of age may have his or her driving privilege suspended for 90 days for a first offense or revoked for one year for a subsequent offense for any one of the following reasons:
1. Any alcohol related traffic offense.
2. Any offense involving the possession or use of alcohol while operating a motor vehicle.
3. Any offense involving the possession or use of drugs.
4. Any offense involving the alteration, modification or misrepresentation of a driver license.
5. A second offense involving the possession or use of alcohol by someone under 18 years of age.
Satoshi Okawa Bio
Drugs and driving may be a bigger problem than generally recognized. A New England Journal of Medicine report on drivers without alcohol in their systems who were stopped by police for reckless driving found that 45% had marijuana and 25% had cocaine in their systems. 4
A study by the Insurance Institute for Traffic Safety of interstate tractor-trailer drivers found that 15% of all drivers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, 2% had cocaine, and fewer than 1% had alcohol in their systems. 5
Open Container Laws: In some states, it is illegal to have an open container of alcohol in your vehicle. Many states have laws that make it illegal for drivers and passengers to have open containers in the vehicle.
