All Entries in the "Drunk" Category
The Refusal Case
When a California DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities. California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize [...]
How Can You Win A DUI Charge in San Diego
You can WIN your San Diego DUI case, but NOT if you don’t fight it! Here’s How! MOST PEOPLE DON’T KNOW THIS: Breath Alcohol testing, equipment, and procedures are very prone to error, and it is very difficult for police officers to administer breath alcohol tests without encountering some type of technical problem, equipment failure, [...]
DUI Elements: Alcohol
To obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage. Specifically, the elements are:
DUI and Motorcycles
DUI and Motorcycles Alcohol intoxication is a leading factor in motorcycle accidents and fatalities. Law enforcement officers have been trained to identify driving patterns that indicate a probability that a motorcyclist is driving while intoxicated. The driving patterns that police typically look for have been outlined by the National Highway Traffic and Safety Administration (NHTSA). [...]
Vehicle DUI Law
In order to be arrested and convicted of a DUI, the individual must be driving a vehicle. The California Vehicle Code defines vehicle as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails [...]
Investigation of DUI Cases: Non-Standardized FST Finger to Nose
Investigation of DUI Cases: Non-Standardized FST Finger to Nose The Finger to Nose test is a non-standardized field sobriety test (FST) that does not have scientific backing to support the allegation that the subject was intoxicated, because they “failed” the test.
Non-Standardized FST Hand Pat
Investigation of DUI Cases: Non-Standardized FST Hand Pat The Hand Pat is a non-standardized field sobriety test (FST). Non-standardized FST’s do not have scientific data supporting their use for the purpose of indicating alcohol impairment. Method
Non-Standardized FST Rhomberg Balancing Test
Investigation of DUI Cases: Non-Standardized FST Rhomberg Balancing Test (aka modified position of attention) The Rhomberg Balancing Test is a non-standardized field sobriety test (FST) that does not have scientific backing to support the allegation that the subject was intoxicated because they “failed” the test.
Non-Standardized FST Finger Count
Investigation of DUI Cases: Non-Standardized FST Finger Count The “Finger Count” is a non-standardized field sobriety test (FST), not supported by scientific data in determining a blood alcohol count (BAC) above the legal limit. Non-standardized FST’s do not have a formal scoring method supported by scientific data, whereby a subject will be determined to pass [...]
Examples of Non-Standardized FST’s
Investigation of DUI Cases: Give Examples of Non-Standardized FST’s: How to be given, what clues, what they mean. Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined [...]
Investigation of DUI Cases: OLS
The One-Leg Stand (OLS) is a test that is performed in a stationary position. If administered properly, the OLS has a 65% accuracy rate in determining a blood alcohol content (BAC) above .10%. Proper administration of the OLS requires a reasonably dry, hard, level and non-slippery surface. If the subject is wearing heels above 2 [...]
Physical symptoms of drunk people
Investigation of DUI Cases: What Physical Symptoms? Why are they Significant? Officers will observe the physical appearance of the alleged intoxicated driver very closely. This is done to determine symptoms of intoxication in order to form the basis of arrest (probable cause). The symptoms will be included in the arrest report for the use by [...]
Horizontal Gaze Nystagmus
Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is defined as an involuntary jerking of the eyes as the eyes move from the center position off to the side. Alcohol and some drugs cause HGN. If administered properly, HGN is 77% determinative of the subject having a blood alcohol count (BAC) over .10 percent.
DUI – Verbal Alphabet Test
Investigation of DUI Cases: Non-Standardized FST Verbal Alphabet Test There are 2 different types of alphabet tests which law enforcement may administer. Neither test is a standardized field sobriety test (FST). Non-standardized FST’s do not have scientific data supporting their use for the purpose of indicating alcohol impairment. Verbal Alphabet
DUI – Written Alphabet Test
Written Alphabet Method The subject is instructed to write the alphabet on a piece of paper, date, and sign it with their signature. Clues
24 cues that police typically look for in DUI cases
Investigation of DUI Cases: What driving patterns do police typically look for in DUI cases? What do each of these driving patterns signify? Why are they evidence of impairment?
Investigation of DUI Cases: Walk and Turn (WAT)
The Walk and Turn (WAT) is a walking test. If administered properly, the WAT is 68% accurate in determining blood alcohol content (BAC) above .10%. In order to be administered properly, the test must be conducted on a reasonably dry, hard, level, and non-slippery surface. There should be a designated straight line. However, courts have [...]
Sentencing Alternatives: What kind of sentencing alternatives are available in DUI cases?
The penalties for conviction of a DUI are harsh and include large fines, jail time, and mandatory alcohol education classes. Conviction for multiple DUIs only increases the amount of punishment. Because of the harsh nature of DUI sentencing laws, courts have developed alternative sentencing options. Sentencing alternatives increase the options available for punishment, allowing for [...]
Sentencing Alternatives: Electronic Monitoring DUI
Electronic monitoring, also known as “house arrest” allows the convicted DUI offender to stay at home instead of being incarcerated in the county jail.
Investigation of DUI Cases: What are the SFST’s?
Investigation of DUI Cases: What are the SFST’s? How do CA courts deal with FST’s that are not performed in accordance with NHTSA? The National Highway Traffic and Safety Administration (NHTSA) has done extensive studies of field sobriety testing (FST’s) in order to determine the probability of intoxication.