| Don't be fooled when you hear "It's just a DUI, you can | | | | and for effective cross-examination of the officer |
| handle it yourself." | | | | should the matter proceed to trial or a DMV |
| The charge of 'driving under the influence' is defined in | | | | administrative hearing. |
| the California Vehicle Code instead of the California | | | | A skilled defense attorney, who is most likely NHTSA |
| Penal Code. However, it is a criminal charge that | | | | qualified, can sometimes determine just from the face |
| carries potential jail time for a first offense and | | | | of the police report that the officer is not NHTSA |
| mandatory incarceration for subsequent offenses. | | | | qualified based on the recitation of his/her |
| The Department of Motor Vehicles can also suspend | | | | administration of the tests. Only an experienced |
| your driving privileges. And, should you get caught | | | | defense attorney would notice this. |
| driving while your license is suspended for a DUI, jail | | | | Upon an arrest for DUI, you are obligated to take either |
| time is mandated. | | | | a blood or breath test (urine if suspected of driving |
| When pulled over for suspected driving under the | | | | under the influence of drugs). Further, you will most |
| influence the officer will gather evidence to establish | | | | likely be jailed at least to "sleep it off". Your vehicle |
| the probable cause necessary to arrest you for the | | | | may also be impounded. |
| crime. This will most likely include some testing. Balance | | | | The arresting officer will also take your license and |
| and co- ordination tests, commonly called field sobriety | | | | issue you a temporary paper license, which is valid |
| tests, and a preliminary alcohol screening (PAS) test, | | | | only for 30 days unless you take action to contest the |
| will most likely be requested by the officer. Although it's | | | | DMV's suspension of your driving privileges. |
| generally a good idea to comply with an officer's | | | | The DMV action for suspension is independent of the |
| request, many times motorists confronted with this | | | | criminal case and is triggered simply by the arresting |
| situation are made to believe they 'must' comply. | | | | officer's declaration that he/she had probable cause to |
| Actually, you are not obligated to do so. | | | | arrest you for driving with a blood alcohol level of |
| Among the field sobriety tests the officer may ask | | | | 0.08% or greater. It is possible to get your DUI criminal |
| you to perform are those considered "standardized". | | | | matter dismissed or even achieve a "no filing" decision |
| There are three Standardized Field Sobriety Tests | | | | by the prosecuting agency, but still suffer the |
| (SFSTs) that the National Highway and Traffic Safety | | | | suspension from DMV. It is therefore imperative to |
| Administration (NHTSA) recognize as scientific | | | | simultaneously defend both the criminal and |
| indicators of alcohol impairment. | | | | administrative actions. |
| 1. Standing on one foot and balancing; | | | | During the litigation of both your criminal and |
| 2. The walk the line and turn test: | | | | administrative cases there are many items of |
| 3. The Horizontal Gaze Nystagmus test (the officer is | | | | discovery a skilled criminal defense lawyer knows to |
| watching for the involuntary jerking of the eyes, when | | | | obtain. These attorneys also know what any given DUI |
| the eyes slowly track an object). | | | | arrest is worth based on the specific facts of the |
| Each of these "standardized" tests must be explained | | | | particular case. Plus, they know how to successfully |
| and administered by the arresting officer accurately in | | | | contest the DMV's suspension of your driving |
| order for the tests' results to be properly indicative of | | | | privileges. |
| substance impairment. | | | | I encourage you not to 'go it alone.' It's important to |
| A competent criminal defense/DUI lawyer must know | | | | have a competent defense lawyer to guard your |
| the proper administration of these tests for proper | | | | rights; one who specifically knows DUI law and the |
| assessment of the strength of the case against you | | | | pitfalls. |