Alcohol Abuse Deterrent Program (AADP)
In DUI cases in which alcohol abuse is determined to be a contributing factor to the offense, the driver can be placed in an Alcohol Abuse Deterrent Program (AADP). The program is designed to get individuals with substance abuse disorders the treatment they need to address the underlying issues leading to alcohol use and criminal behavior.
When a person is referred to an AADP, their case is suspended. If they successfully complete the program, the court will dismiss their charges. However, if they violate the conditions, their case will resume, and they could face criminal penalties.
At Arnold Terrill, P.C., we explore every legal option to help our clients receive the treatment they need.
Information About Field Sobriety Tests in Indiana
For a law enforcement officer to make a DUI arrest in Indiana, they need to establish “probable cause,” or a confirmed suspicion that a crime (driving while under the influence of drugs or alcohol) has been committed. To do this, they may use field sobriety tests.
Field sobriety tests come in many different forms. However, they’re usually designed to test a driver’s ability to handle both mental and physical tasks simultaneously. While the tests might be difficult for most people to do while completely sober, they’re downright impossible to do while drunk, when the brain’s ability to do multiple things at once is inhibited.
Because these tests can turn up so many false positives, it’s imperative that they are properly administered. Even with immense training and practice, law enforcement officers still make mistakes that lead to false arrests. Thus, the NHTSA has standardized procedures for three fairly reliable field sobriety tests to make them as accurate as possible: the one leg-stand, the walk-and-turn, and the horizontal gaze nystagmus test. Let’s take a closer look at each of them.
One-Leg Stand Test
This test involves the subject standing on one leg, lifting the other, pointing their toes outward, and then performing some sort of mental task, such as counting backward from 30. The intent is to mix a relatively difficult physical test with a task that requires someone to think. Those who are drunk could struggle to keep their balance or seriously mess up on the mental portion, indicating intoxication.
In this test, the officer will ask the suspected individual to walk heel-to-toe in a straight line for a certain number of steps, kind of like being on a balance beam. Once they’ve done that, the officer will instruct them to turn on the spot without lifting their feet and then immediately walk back the same number of steps. This requires careful focus on listening to instructions along with a somewhat difficult physical test that also has a balance aspect to it. Balance usually disappears quickly when intoxicated.
Horizontal Gaze Nystagmus
The horizontal gaze nystagmus test is perhaps the hardest to fool in that it has a physical task that’s nearly impossible for even the savviest of drinkers to know how to overcome. The officer simply holds up an object, like a pen, small light, or even their finger, and moves it from side to side at the individual’s eye level. The individual must follow the object without moving their head. Those who are intoxicated can’t control the muscles that move their eyes, resulting in flickering or twitching motions, known as nystagmus.
Our Fort Wayne DUI Lawyers Are on Your Side
At Arnold Terrill, P.C., we are committed to defending those charged with serious OWI crimes. We are familiar with the local courts and judicial system and can give you an honest assessment of your case and straightforward answers about your legal options.