CALIFORNIA DUI ATTORNEY BLOG

DUI California Field Sobriety Tests

admin — Mon, 13 Feb 2012 20:22:04 +0000

The DUI “clues” that Santa Rosa police officers and police officers in California are looking for.

The Super Bowl is now over and, once again, the New York Giants beat the mighty New England Patriots. Many people, including myself, an attorney with Beck Law P.C. in Santa Rosa, attended a Super Bowl party with an expansive spread of chips, salsas, hot-dogs, burgers, tri-tip, and of course, alcohol. It’s well known that beer, cocktails, andAs the clock turns to zero and the Superbowl ends, police everywhere are on alert for drunk drivers. The slightest mishap on the road results in a police officer pulling over a driver, and if there is any “clues” that the driver has consumed alcohol, the police will conduct a slew of Field Sobriety Tests. The question is why do police conduct “these” tests, and what “clues” are they looking for?

The National Highway Traffic Safety Administration (NHTSA) was confronted with high statistics regarding highway accidents in California and across the nation. In response they funded research to develop physical activities that could be carried out roadside, quickly, with no equipment, while still keeping the officer safe. The product of this research was the institution of the Standardized Field Sobriety Tests (SFSTs).

The three SFST tests are the one-leg stand (OLS), walk and turn (WAT), and horizontal gaze nystagmus (HGN). The three tests are intended to show one’s ability to listen and follow instructions, and to measure “divided attention,” which is essential to operating a vehicle. Lastly, the three tests are utilized as a self-serving mechanism for police and District Attorneys in Petaluma, Santa Rosa, Ukiah and throughout California to 1) determine sobriety, 2) develop probable cause, 3) show that the driver was under the influence at the time of the stop, and 4) gather evidence for the prosecution.

ONE-LEG STAND:
If you’re the unfortunate subject of a field sobriety test in California, you can expect to have to complete the one-leg stand (OLS). Research has found that if a subject fails this test by exhibiting two of the four “clues,” there is a 65 percent chance that the subject has a Blood-Alcohol Content (BAC) of .10 or above.* In conducting the test, a police officer will have the subject stand with both legs together, and select either their left or right leg to lift approximately 6 inches from the ground, and count by thousands. As a subject attempts to maintain balance, the police office is looking for four specific “clues” in gauging the subject’s performance; 1) use of arms for balance, 2) hopping, 3) swaying, and 4) whether the subject puts his or her foot down during the test. An officer can only test you for a total of 30 seconds. If the officer observes two of the four “clues,” they will request a breathalyzer test, as there is a 65 percent chance the subject has a BAC of .10 or above.*

WALK AND TURN:
Due to its perceived simplicity and that it measures one’s “divided attention,” police officers go-to-test is the Walk and Turn test (WAT). In administering this test, a police officer will ask the subject to position themselves so that their right foot is in front of their left foot (heal-to-toe). The subject’s arms must be at their side. The police office will then instruct the subject to walk on a line, nine steps in one direction, turn on one foot 180 degrees, and nine steps back in the other direction. The police officer is looking specifically for eight different “clues;” 1) balance, 2) starting too soon, before the police office says “start,” 3) delays in walking, 4) touching of the heel-to-toe, 5) stepping off the line, 6) raising of the arms for balance, 7) improper turns, and improper amount of steps. If the police officer observes two “clues” throughout the test, the research shows that the subject has a 68 percent chance of having a BAC above .10.*

HORIZONTAL GAZE NYSTAGMUS:
What is that!!?? (My exact response, even as a California DUI Attorney). Horizontal gaze nystagmus is the involuntary jerking of the eye as it moves from center towards the far right or left. According to research, the jerking becomes more and more obvious when a driver is impaired. Additionally, this is the most reliable test in determining the sobriety of a driver, as there is a 77 percent chance that the driver has a BAC of .10 or above.* You’ve probably seen this test administered in the movies, a police officer has a pencil or pen, places it a foot away from the driver’s forehead, and asks the driver to watch the pencil as he/she moves it from right to left. In administering the test, the police officer is looking for three “clues:” 1) can the eye smoothly follow the pencil, 2) is nystagmus present at the extreme? 3) Is the angel of onset 45 degrees or less? Basically, a police officer is trying to determine whether alcohol is playing a role in the involuntary jerking of the eye.

*Note the in California the BAC limit is .08 or above.

These three tests seem simple, yet after a long Super Bowl game where alcohol flows and a police officer observing your every move, they become more and more difficult. It’s best to ensure that you or your group always have a designated driver when drinking.Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Beck Law P.C. offers a no-cost, no-obligation initial DUI consultation and can provide the knowledge and experience necessary to help guide you through the DUI legal process.

Making an appointment to talk to us regarding the particulars of your DUI is an investment in exploring what options may or may not apply to your particular situation. Your visit to the Beck Law Offices is confidential, as is the information discussed. You can contact our office at 707-576-7175 or contact us online.

Headquartered in Santa Rosa, California, Beck Law P.C. offers DUI legal services to clients in Santa Rosa, Cotati, Rohnert Park, Petaluma, Sebastopol, Healdsburg, Sonoma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Drunk Driving in Santa Rosa – The Facts

admin — Thu, 18 Aug 2011 19:30:09 +0000

I was charged with drunk driving in Santa Rosa,
but I only blew a 0.05…why??
It’s a well known fact that when someone operates a vehicle while drunk in California they are breaking the law. Not all drunk drivers get caught, and it’s because not all drunk drivers get caught that many people justify and continue to drive drunk.
Driving drunk encompasses more than most people think. In fact, there are two California Vehicle Code Sections that encompass drunk driving.
The first is California Vehicle Code §32152(a), commonly referred to as “Count A,” which is driving under the influence of alcohol and drugs. We’ve all seen the California Highway Patrol, Sonoma County Sherriff’s or Santa Rosa police pulled over to the side of the road conducting sobriety tests; they’ll have whomever they’ve pulled over walking in a straight line, standing on one foot while trying to touch their nose, and even better yet, trying to say the “ABC’s” backwards. If during the sobriety test a police officer observes what they believe to be someone who is intoxicated, he can arrest them based on those observations, and charge them with Count A.
The second California Vehicle Code § is 23152(b), which as you guessed, if commonly referred to as “Count B.” This code is the Blood-Alcohol (BAC) code, which states that if the driver submitted to a blood-alcohol test and the results showed a 0.08% or above, then the officer can further charge the driver with Count B.
One may ask what’s the purpose is of having two Vehicle Codes to deal with drunk drivers? The answer is simple. Alcohol affects every person differently, and a person’s blood alcohol level is dependent on a variety of factors. The following are two examples:
For our first example, let’s us use a petite women that only drinks alcohol on special occasions. On her birthday, she has two glasses of Zinfandel wine at dinner and while driving home is pulled over by police because she is slightly swerving. During the sobriety test, our petite women cannot walk in a straight line, she cannot stand on one foot and she definitely cannot say the ABC’s backwards. The officer also has our petite woman conduct a breathalyzer test, which the results come back 0.05%. Under Count A of the Vehicle Code, the woman was obviously driving while intoxicated; she couldn’t stand straight to save her life. Yet under Count B, her BAC was well below the 0.08% limit. Needless to say, the police arrested her based on violation of Count A, she was drunk.
Our second example is a gentleman who is slightly overweight due to the fact that he likes to drink beer at every dinner meal. On average he consumes a six-pack a night. On this particular night he was leaving his buddies house after watching Monday Night Football, he had roughly eight or nine Coors Light beers over the course of the game. While driving home, our gentleman is pulled over by police because he had a broken tail-light. Upon approaching the vehicle, the police officer observes the distinct scent of alcohol coming from the car. Based on his suspicion, the officer had our slightly overweight gentleman conduct a sobriety test, and due to his high tolerance, he was able to walk in a straight line, stand on one foot and touch his nose, and miraculously says his “ABC’s” backwards. The officer then conducts a breathalyzer test, and the results come back %0.11, well above the legal limit. As expected, our slightly overweight gentleman is arrested for driving drunk.
As illustrated above, had there only been one California Vehicle Code section, our petite woman or slightly overweight gentleman would have escaped liability and not been charged with driving drunk. Yet due to the fact that the Vehicle Code has two sections dealing with drunk driving, both were appropriately charged.

Beck Law P.C. offers a no-cost, no-obligation initial DUI consultation and can provide the knowledge and experience necessary to help guide you through the DUI legal process.