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Police Procedures and Evidence
DUI evidence can be formed into five groups:
- Proof of alcohol in the blood – Normally the individual must take a breath test, but on occasion a blood test is taken. In California, a urine test may be administered if breath and blood tests are not an option.
- Field sobriety tests – finger-to-nose, one-leg-stand, etc.
- Statements that would implicate the individual – “I haven’t had that much to drink.”
- Obvious actions from the individual – bloodshot eyes, garbled speech, etc.
- Driving signals – veering, lane straddling, etc.
Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
- There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
- Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
- You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
- If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
The 'Nystagmus' Test
One of the most common field sobriety tests involves following a pen or finger with the eyes while keeping the head still. This is the "horizontal gaze nystagmus" test and although scientific in appearance, is highly unreliable due to the lack of expertise of the officer in administering or interpreting the test. The following link provides a sample cross-examination of an officer, reproduced from the book "Drunk Driving Defense, 5th edition" by Los Angeles-Orange County attorney Lawrence Taylor (see The Best DUI Lawyers).
Officer's Guide to DUI Driving Symptoms
Manual for officers setting forth the 20 types of driving to look for in detecting drunk drivers, from the U.S. Department of Transportation. Includes the statistical probability that the specific type of driving involves intoxication (example: "Turning with a wide radius" indicates a 65% chance that the driver is intoxicated).
Field Sobriety Tests
A description of the three so-called "standardized" field sobriety tests, developed by the National Highway Traffic Safety Administration — the heel-to-toe, one-leg-stand and nystagmus tests.
Sobriety Checkpoint Guide
Law enforcement standards for DUI sobriety roadblocks from the National Highway Traffic Safety Administration.
Orange County DUI is offered as a reference for individuals who have suffered rough laws, a breach of a citizen’s constitutional right, unfair treatment, or the recurrence of prohibition. It is an advocate in teaching and aiding citizens who have been charged with driving under the influence. For more information on DUI affairs, please refer to the National Motorists Association. Here, topics such as unconstitutional checkpoints, instant revocation or suspension of licenses, and unsuitable criminal penalties are covered. |
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DUI Field Sobriety Tests
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