DUI Tests in San Diego, CA
California DUI Field Sobriety Tests
Last year, there were an estimated 214,828 drunk driving arrests in California alone. During a DUI stop, something that determines whether or not the driver will be arrested is alcohol testing. A driver can be arrested if an officer judges that the driver seems to be intoxicated (through field sobriety tests) or if the driver’s blood alcohol content (BAC) is over the legal limit or .08%.
If a person has been charged with driving under the influence, he or she should hire a DUI lawyer in San Diego right away. In many DUI defense cases, part of the outcome of the case depends on the results of sobriety tests. Here is what drivers need to know:
NHTSA Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration has standardized three different field sobriety tests. Officers can use these to try to determine whether or not a person has been driving under the influence, but it is important for drivers to remember that they do not have to submit to them. The validity of these tests and how officers use them is often a major issue during trial. Not doing these tests does not make you guilty of a DUI.
The Horizontal Gaze Test
This field sobriety test is also referred to as the horizontal gaze nystagmus test. This involves the officer moving an object horizontally in front of the driver’s eyes. When the eyes move side-to-side, there is a natural and involuntary jerking of the eyes, which can increase dramatically if a person is intoxicated.
The Walk and Turn Test
The standard walk and turn test is exactly what it sounds like: the driver is asked to walk a number of steps (nine) placing heel to toe each time, turning on one foot, and returning in the other direction. Law enforcement officials look for loss of balance during the walk or the turn, using arms for balance, incorrect number of steps, or space between the feet when walking.
The Standing on One Leg Test
This test requires the driver to lift one of his or her legs about six inches from the ground and count aloud for about 30 seconds. The law enforcement official looks for cues like imbalance, hopping to keep balance, using arms to keep balance, and putting the foot down.
Time Estimate Test
The officer will ask a driver to count silently and estimate 30 seconds. They will instruct a person to tell the officer when they think 30 seconds has passed. Law enforcement experts will allege that an estimate that is significantly off is a sign that someone is impaired due to drugs or alcohol.
Chemical Testing for DUI in California
There are three main chemical tests that officers may use to gauge a driver’s BAC. A driver does not have to submit to these tests either, but in many states this can result in license suspension.
- Breathalyzer: A breathalyzer test measures BAC through a person’s breath. The driver blows into the device for a length of time and it estimates the blood alcohol concentration from deep lung tissue. The small handheld devices used by officers in the field can be very inaccurate and often have not been properly calibrated.
- Blood: A blood test is usually performed by a license phlebotomist and can in some cases be challenged in a DUI trial. A defense lawyer can file a motion to have this sample split and re-tested if there is concern that the analyzer used by law enforcement wasn’t working properly.
- Urine: Urine tests are not generally used anymore and a driver cannot typically opt for one in California. The only cases in which a urine test might be used is if an officer cannot get access to a blood or breath test.
Understanding Blood Alcohol Concentration (BAC) Levels
When a person consumes an alcoholic beverage, the alcohol content of those beverages enters the individual’s bloodstream once absorbed by the stomach and small intestine. The alcohol affects many organs – most notably the brain. Rising blood alcohol levels can hinder the brain’s ability to react quickly to critical events, such as those that occur while operating a vehicle.
An individual’s blood alcohol concentration level depends on:
- Body mass
- The amount of alcohol consumed
- How quickly the beverages were consumed
- And other factors
Regardless of beverage type, consuming an alcoholic drink of any kind will result in the rise of an individual’s BAC. Beer typically has a lower alcohol content than wine, and wine typically has a substantially lower alcohol content than hard liquor (i.e. vodka, whiskey, and other distilled spirits). Every state has laws against driving under the influence of any substance that can affect the ability to drive safely, including alcohol. Each state has its definition of unacceptable BAC levels.
The California Department of Motor Vehicles says that the following BAC levels are illegal in California for anyone operating a motor vehicle:
- For a person 21 years of age or older, a BAC of 0.08 percent or greater.
- For a person under 21 years of age, a BAC of 0.01 percent or greater.
- For a person of any age who is on probation for driving under the influence, a BAC of 0.01 percent or greater.
- For any person operating a vehicle that requires a commercial driver license (CDL), a BAC of 0.04 percent or greater. This restriction applies whether or not the person in question possesses a valid CDL.
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
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Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.