Category: DUI Lawyer

The Role of Field Sobriety Tests in DUI Arrests: What You Should Know

Driving under the influence (DUI) is a serious offense in the realm of SoCal Criminal Law, with potential legal consequences that can greatly impact one’s life. Field sobriety tests are a crucial tool utilized by law enforcement officers to determine a driver’s impairment level and gather evidence for DUI arrests.

Field sobriety tests are standardized procedures designed to assess a driver’s physical and cognitive abilities, which can be compromised when under the influence of alcohol or drugs. These tests are conducted during a traffic stop when an officer suspects a driver might be driving while impaired. While they are intended to provide officers with objective criteria to evaluate a driver’s sobriety, it’s important to understand their limitations and your rights if you find yourself in such a situation.

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One common field sobriety test is the “walk and turn” test. This test requires the driver to take a series of steps heel-to-toe along a straight line, turn on one foot, and then take the same number of steps back. The officer observes for balance issues, ability to follow instructions, and other signs of impairment.

Another commonly used test is the “horizontal gaze nystagmus” test, which involves the officer observing the driver’s eye movements as they follow a moving object (like a pen or flashlight) horizontally. Nystagmus, or involuntary jerking of the eyes, can be exacerbated by alcohol consumption.

While field sobriety tests might seem straightforward, factors such as nervousness, medical conditions, or even the environment can influence the results. It’s important to note that you have the right to refuse these tests, although it might lead to other consequences like license suspension. If you choose to undergo the tests, stay calm and cooperative, as your behavior and demeanor will be taken into account.

In SoCal Criminal Law, field sobriety tests serve as an initial step in the DUI arrest process. If an officer believes you have failed these tests or if your Blood Alcohol Concentration (BAC) exceeds the legal limit, you could face serious legal penalties. If you’re facing a DUI charge or have questions about the legality of field sobriety tests, it’s crucial to consult legal experts who specialize in SoCal Criminal Law. For more information on how to navigate DUI charges and related legal matters, search online or contact a qualified attorney to ensure your rights are protected.…

For a First Conviction of DUI What is The Penalty

Charges of DUI or driving under the influence are serious offenses which is why you are always advised to hire a DUI attorney to represent you. Many people think that DUI is simply a minor traffic offense punishable with a fine and few points on your license, but in reality the penalties range from large fines to jail terms and in nearly every case the driver’s license will be suspended.

The evidence presented by the prosecution in cases of DUI involves complex medical and scientific data, which most people will not be able to interpret without specialist training. Whilst the observations of the arresting officer are taken into account, it is the more significant blood alcohol result which will see you charged. The minimum blood alcohol level in every state is 0.08%, but you may still be charged if you are below this if minors were present in your car.

Veronica Yates with OC DUI Expert offers insight, “The blood alcohol test is conducted using a sample of blood, urine or breath. You do have the right to refuse this test however this often taken as an admission of guilt in court. The test needs to be conducted by qualified personnel who are properly trained to take the sample and use the necessary equipment.” There are also certain procedures which must be followed. Your DUI attorney will look at how the test was conducted, who took it and if procedure was followed when building your defense. If they find the test was incorrectly carried out then they can move to have the case dismissed or the evidence omitted from the trial.

Hiring a DUI attorney is your best option when it comes to interpreting the evidence against you. They will have the skills and knowledge to read this data and to follow it up if they find something amiss. They will also be familiar with the legal procedures in these cases, court personnel and prosecutors and the applicable state law. Because of this they will be able to advise you how to proceed with your defense, whether you should consider a plea bargain and inform you of the likely outcome a guilty verdict could bring.

If you have previous convictions for DUI then you should definitely hire an attorney to represent you. Previous convictions will be taken in to consideration even if they occurred in another state. The law comes down hard on those who repeatedly offend and the penalties become progressively worse for every subsequent offense. If you have caused serious injury or even death by driving under the influence then your case is likely to be elevated to a felony with a jail term imposed if found guilty.

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