Los Angeles DUI Attorneys & Lawyers
Driving Under the Influence in Los Angeles & Southern California
FIELD SOBRIETY TESTS
Before an arrest relating to driving under the influence, the law enforcement officer will conduct tests to evaluate your motor/mechanical skills, your divided sense of attention and the ability to process information. This test does not determine if you are drunk or impaired.
The Choice of Tests
- Alcohol Gaze Nystagmus
- early on set - wavering at 45 deg. indicates .10 BAC as a general rule.
- tracking - inability to stay on track and follow finger or pencil.
- extremes - very early on-set
- Standing on One Foot - Balance
- hands at your side
- one foot extended 30 inches
- count by thousands
- Walking Imaginary Line
- 10 forward, 9 back - or any combination
Where suspect must 'process info and think' of two separate instructions.
- heal to toe
- turning - (even)
- Finger Counting
- Alternate Clapping
Palm and the back of your hand while counting
Other Variables that are on the Police Report
The appearance of the person plays a large part in the officer’s assessment if the person is under the influence or not. Police officers generally evaluate a driver's physical appearance and condition while he is still seated in the vehicle. This evaluation typically includes:
- odor of breath
- condition of the eyes
- demeanor and behavior
- color of face
- dexterity
- speech (slurred or not)
- clothing
- steadiness of gait
The Individual
- Clothes
- Breath
- Attitude
- Unusual Actions
- Speech
- Complexion
- Alphabet - Written or Spoken
- Eyes
- Chemical tests in the field PAS (Preliminary Alcohol Screening Devices)
Preliminary Alcohol Screening (PAS) Device
The use of PAS devices constitutes a search or seizure within the meaning of the Fourth amendment. The use of PAs devices is legal, and is considered another field sobriety test.
Officers are required to obtain consent from a subject prior to testing. They shall read the admonishment:
"I am requesting that you take a preliminary alcohol screening test to further assist me in ....You may refuse to take this test...this is not an implied consent test....you will be required to give a sample of your blood or breath for the purposes of determining...."
Have you been charged with a DUI in Los Angeles or Southern California?
If so, you should speak with a knowledgeable Los Angeles DUI defense attorney immediately. Your initial case evalutaion is free, and during your free case evaluation, we will inform you of your rights and advise you of your legal options. Diamond, Burt & Akhkashian can provide you will affordable, reliable legal counsel.
Our Los Angeles DUI Law Firm is located between the outskirts of Downtown Los Angeles and Wilshire's Financial District. If you would like to set up a personal consultation today, please use the link titled Contact Us or call our Los Angeles Law Firm directly at (213) 384-2220.
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