|
 
Evidence for a DUI can be placed into five classifications:
- Evidence of alcohol in the blood. A breath test is normally preferred, however blood tests are on option. In California, urine tests are an option if the prior two are not available.
- Field sobriety tests. Also known as FSTs, a few examples are: fingers-to-thumb, hand-pat, walk-the-line, etc.
- Individual indications. Slack movements, problems focusing, garbled speech, etc.
- Quality of driving. Swerving, lane straddling, etc.
- Statements that suggest intoxication. "I didn’t drink that much tonight."
Often, the rights that you have as a citizen are ignored by the police during the course of a drunk driving investigation and arrest. You should be aware of the rights available to you:
- In order to hold or stop an individual, or for an arrest to take place, the officer must have enough evidence to establish "probable cause".
- After an individual is arrested, the officer must state their rights as a citizen before continuing interrogation. This is the well-known "Miranda warning".
- Contrary to popular belief, complying with a field sobriety test or mobile field breath test is not mandatory by law (the field (for drivers under 21 years of age, however, the field breath test is required).
- The individual must be given the option of a breath or blood test. If the individual declines, they must be advised of the legal consequences (the so-called "implied consent" warning).
- Because breath samples from the breath tests are not kept for later re-analysis, the individual must be given the option to obtain a blood sample for future analysis by their attorney.
Officer’s Handbook to Intoxicated Driving Indicators
The above link offers 20 indications of drunk drivers (provided by the U.S. Department of Transportation). Statistical information is provided (for example: There is a 65% possibility that a driver is drunk when a wide angle turn is made.)
"Nystagmus" Test
The "horizontal gaze nystagmus" test is the most common field sobriety test. It entails having the individual follow a small object, such as a finger, with their eyes while keeping their head still. While it is scientifically deemed reliable for medical purposes, it has proven to be highly unreliable due to a lack in officers’ skill in administering the test. To witness an example, see a cross-examination of an officer. The sample is recreated from "Drunk Driving Defense, 6th edition," a book written by a Riverside DUI lawyer (more information at "The Best DUI Lawyers")
|
|
Field Sobriety Tests
|
 |
Copyright 2001 - 2008
Site Map | Legal Disclaimer
|
