DUI Laws

TheDenverChannel.com reports that on May 7, 2013, Colorado Rockies baseball star Todd Helton pleaded guilty to charges related to his February 2013 DUI arrest.
Pursuant to a plea bargain, Helton pleaded guilty to a lesser charge of driving while ability impaired. Helton was sentenced to one year probation, a $400 fine, $1224 in other fees and 24 hours of community service.

Helton’s arrest took place on February 6, 2013, after a witness reported a possible DUI to the authorities, telling them that Helton had hit a curb while driving. Upon confronting Helton, an arresting officer said that he could smell a strong alcoholic odor coming from Helton’s person and that Helton was unsteady on his feet. Helton was arrested and agreed to a breathalyzer test. Helton had a blood alcohol level of 0.12 while the legal limit is 0.08. During the booking process, Helton stated that he had drunk 2 igloo cups of red wine.

California Prosecution of DUI

To convict Helton in California of a DUI under similar circumstances, the prosecutor would have to prove that when he drove a vehicle, either of the following situations applied:

• He was under the influence of an alcoholic beverage and/or drug to the extent that his mental or physical abilities were so impaired that he no longer was able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances; OR

• His blood alcohol level (BAC) was 0.08 percent or more

If the evidence that Helton’s BAC was 0.12 were admissible, Helton could be convicted of a DUI in California under CVC 23152(b). Similarly, if Helton’s statements about drinking 2 cups of wine, his unsteady walking reported by the officer, and the statement made by the lay witness alleging that Helton had hit a curb were all admissible as evidence, Helton could also be convicted under CVC 23152(a) in California.

Sentencing and Punishment for DUI

The punishment for a DUI conviction in California is harsh. A conviction for a first-time DUI under CVC 23152 would subject Helton to imprisonment in county jail for up to 6 months, a fine of up to $1,000, or both fine and imprisonment. In reality, the total fine for a DUI conviction will come close to $2,000 with all of the additional penalty assessments imposed by the court.

Upon being convicted under CVC 23152, the DMV would suspend Helton’s driver’s license for 6 months under CVC 13352. Helton could also face probation under CVC 23600 if he were convicted of a DUI in California. If Helton were placed on probation, his probation would last three to five year and he would have to comply with certain conditions, including the following:

• Do not commit any crimes
• Pay all restitution and other required fees
• Do not drive a vehicle with any measurable amount of alcohol in your system; AND
• You must enroll and successfully complete a driving-under-the-influence program

California DUI Defense Attorney

If you face DUI charges in California, you have too much at stake to not contact the experienced law firm of Wallin & Klarich. The DUI defense attorneys at Wallin & Klarich have a proven record of successfully defending our clients facing DUI charges for over 30 years.

Once you retain us, we will immediately conduct extensive discovery on your case. We will review police reports carefully for any material that could be helpful to your case.
We will tirelessly attempt to negotiate with the prosecutor to have your charges dismissed or reduced; similar to how Helton’s charges were reduced.

If you face DUI charges in California, it is important that you immediately contact Wallin & Klarich to aggressively fight for your rights. Wallin & Klarich have over 30 years of experience successfully defending our clients facing DUI charges. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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You had too many drinks at your friend’s birthday party. On the drive home, you missed a stop sign and collided with another vehicle. The other driver suffered a dislocated shoulder and his passenger suffered a broken leg. The prosecutor is now charging you with a DUI causing injury. You need an experienced Wallin & Klarich DUI causing injury defense attorney to help you get through this difficult situation.

Prosecution of DUI Causing Injury

The prosecutor carries a significant evidentiary burden to prove a DUI causing injury. To convict you of a DUI causing injury, the prosecutor must prove the following four elements:

1. You actually drove the vehicle (you cannot be convicted if you did not operate the vehicle at the time of the incident)

2. You were was under the influence of an alcoholic beverage or drug when he or she was driving the vehicle (a drug is any substance or combination of substances that may affect your nervous system, brain, or muscles and impair your driving ability)

3. You committed an illegal act or neglected to perform a legal duty (“ordinary care” requires you to use reasonable care in order to prevent reasonably foreseeable harm to another individual); AND

4. Your illegal act or failure to perform a legal duty caused bodily injury to another person. (You “cause bodily injury to another person” if his or her injury is the direct, natural, or probable result of your act. Without your act, the injury would not have happened.)

If your blood alcohol content (BAC) was 0.08 at the time of the chemical test and taken (within 3 hours of driving), there is a rebuttable presumption that you had a BAC of 0.08 at the time of driving.

Defenses to DUI Causing Injury

The experienced DUI causing injury attorneys at Wallin & Klarich can raise a number of successful defenses on your behalf. These may include:

You were not driving the vehicle

If you can prove that you were not driving the vehicle at the time of the incident, then you cannot be convicted of a DUI causing injury.

You were not under the influence

A Wallin & Klarich DUI defense attorney can refute the officer’s testimony of symptoms that indicate intoxication such as bloodshot eyes, slurred speech, and smell of alcohol by providing alternative reasons for these aforementioned symptoms.

No injury

If there is no bodily injury to another person as a result of your actions, you cannot be convicted of a DUI causing injury under California Vehicle Code 21353.

Improper Testing Procedures

For example, our DUI defense attorneys can show that the breathalyzer used to administer the chemical test was not properly re-calibrated.

Probable Cause

The DUI causing injury defense attorneys at Wallin & Klarich can examine whether the police officer had probable cause to stop you for a DUI. If the officer did not have probable cause, the traffic stop will likely be considered unlawful and any subsequent evidence obtained during the stop may be suppressed at the trial.

DUI Causing Injury Defense Attorney

If you are facing a charge of DUI causing injury, you should contact the Law Offices of Wallin & Klarich immediately. The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI causing injury cases. Our attorneys will provide you with the most efficient and professional representation from the moment that you retain us. We will scrutinize all of the evidence and utilize all available defenses in order to provide you with the best opportunity to win your case.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. To inquire about your case, please call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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You are intoxicated after consuming several cocktails during the “happy hour” at your favorite restaurant. While driving home, the driver ahead of you brakes abruptly and causes you to rear-end his vehicle. You realize that you are intoxicated and fear the eventual consequences, so you decide to continue driving without first pulling over. Now you are being charged with a hit and run while driving under the influence. You need to contact an experienced Wallin & Klarich DUI hit and run defense attorney immediately to assist you with this serious matter.

Prosecution of a Hit and Run Charge

To establish the elements of a “hit and run” charge, the prosecution must prove the following three things:

1. You were actually involved in a vehicular accident while driving

2. The vehicular accident caused the death or permanent serious injury of someone else; AND

3. You knew that you had been involved in an accident that injured another person or knew that it was probable that another person had been injured based on the nature of the accident

The prosecution also carries the evidentiary burden of proving that you failed to comply with the following three legal duties:

1. Stop at the scene of the accident

2. Provide reasonable assistance to any injured person in the accident; AND

3. Provide the other driver, any passengers, and any police officers at the scene of the accident with your name, current residential address, and vehicle registration number

If the hit and run did not result in death or bodily harm, you may still be liable for any property damage resulting from your actions. The prosecution must prove the following elements:

1. You were actually involved in a vehicular accident while driving

2. The accident caused damage to someone else’s property

3. You knew that you had been involved in an accident that caused property damage or knew that there was a probability of property damage based on the nature of the accident; AND

4. You willfully failed to stop at the scene of the accident and provide your name, current residential address, and vehicle registration number to the owner or a police officer

Defenses to a Hit and Run Charge

The skilled California hit and run attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients charged with a hit and run while driving under the influence. Our attorneys can help you raise a number of defenses to help you win your hit and run case. Below are a few examples.

No Knowledge of Property Damage

If you were unaware that any property damaged resulted from the accident, you may have a valid defense to a hit and run charge under CVC 20002.

No Death or Serious Injury

If death or serious permanent injury did not result from the accident, then you are not liable under CVC 20001. You may still be liable under CVC 20002 if property damage resulted from the accident.

No Opportunity to Give Reasonable Assistance

For instance, if you were rendered unconscious from the accident, then you would not have an opportunity to provide reasonable assistance. Therefore, you may not be guilty of a hit and run.

California DUI Attorney

The experienced California DUI attorneys at Wallin & Klarich have been successfully defending clients charged with DUI hit and run for over 30 years. Due to our decades of experience, we can help you raise any legal defense to an accusation of DUI hit and run. We will aggressively defend you from the first day you retain our office to help you stay out of jail. When you are accused of a hit and run while driving under the influence, there is too much at stake to entrust your legal representation to anyone other than an experienced Wallin & Klarich DUI defense attorney.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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NBC Sports reports that Cleveland Browns defensive end Armonty Bryant was charged in Oklahoma with misdemeanor DUI on Tuesday May 7, 2013. Bryant was arrested on May 3, 2013. According to the police report, he had a blood alcohol content of 0.098. Bryant must pay $1,136 in fines and court costs. His sentence includes mandatory listening to a victim’s impact panel on the dangers of drunk driving.

Prosecution of DUI

Being charged with a DUI is not a joke; it is a very serious matter. If Bryant was charged in California under similar circumstances, in order to convict him the prosecution would have to prove that when he drove a vehicle, either of the following situations applied:

• He was under the influence of an alcoholic beverage and/or drug to the extent that his mental or physical abilities were so impaired that he no longer was able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

• His blood alcohol level was 0.08 percent or more.

Punishment for DUI if Convicted

Punishment for a DUI in California is among the most severe in the nation. If Bryant was convicted for a first-time DUI under CVC 23152, he could be punished by imprisonment in county jail for up to 6 months, and fined up to $1,000. Upon being convicted under CVC 23152, the DMV would suspend his driver’s license for a period of 6 months under CVC 13352.

Most people convicted of a California DUI are put on probation. DUI probation allows those convicted of a DUI to avoid incarceration if they meet certain conditions. Under CVC 23600, if Bryant were put on probation, his probation would include the following, among other things:

• A probationary period of three to five years

• A requirement that he not drive a vehicle with any measurable amount of alcohol in his system

• A requirement that if he were to be arrested for a second DUI, he not refuse to submit to a blood, breath or urine test, for the purposes of determining the alcohol content in his system

• A requirement that he enroll and successfully complete a driving-under-the-influence program

California DUI Attorney

If you face DUI charges in California, you should immediately contact the experienced California DUI attorneys from Wallin & Klarich. Wallin & Klarich has successfully defended clients facing DUI charges for over 30 years. Our many years of experience allow us to provide an aggressive DUI defense that oftentimes results in our clients cases being dismissed or reducing the charges.

If you retain us, we will at once review the police report regarding your arrest line by line. We will then get a complete statement from you about the circumstances surrounding your arrest. This careful fact-gathering will allow us to prepare the most effective defense strategy relevant to your specific case to help you avoid jail time.

You don’t have to be a world class athlete like Armonty Bryant to secure a top quality DUI defense. If you face DUI charges in California, contact Wallin & Klarich to fight for your rights. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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Believe it or not we have good news. The answer is YES, so long as you do not commit a moving violation by doing so. When police agencies decide to set up sobriety checkpoints they must do two things.

First they must send out notifications to the general public telling the public where and when the checkpoints will take place. Second, they must set up the check points in a manner where if a driver sees a checkpoint they can legally avoid going through the check point by driving their vehicle in another direction.

Can Police Stop Me for Turning Around

The answer is NO unless they are stopping you for a violation of the law. This means if you make a legal turning movement to avoid the checkpoint the police cannot stop your vehicle. However, if you have a warrant for your arrest, or expired tags or commit any other traffic violation then the police can stop your vehicle lawfully. If after stopping you they “suspect” that you are under the influence of alcohol they can ask you to perform tests to determine if they believe you are driving under the influence.

If the police stop your vehicle because you intentionally avoided a checkpoint your experienced DUI defense law firm can bring a motion to have your case dismissed. If the judge believes that the only reason the police officers stopped you was because you did not choose to go through the checkpoint procedure then your case will likely be dismissed.

California DUI Lawyer

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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Have you found yourself in a scenario in which you are driving home and notice that ahead of you there is a sobriety checkpoint set up? What are you required to do by law?

Law Regarding Sobriety Checkpoints

The landmark DUI California Supreme Court case Ingersoll v. Palmer (1987) 43 Cal.3d 1321 provides the rule that law enforcement and drivers must follow regarding sobriety checkpoints. First, Ingersoll provides that supervising officers, not field officers, must set the ground rules of where, how and when the checkpoints will operate. Ingersoll also provides that sobriety checkpoints must be reasonably located.

This means that safety must be considered in choosing the appropriate location. This also means that checkpoints must be placed in locations that have a high rate of alcohol related accidents and/or arrests. Sobriety checkpoints must be publicly advertised prior to when they are set up and be located in a highly visible area.

A sobriety checkpoint must be set up so that you have the opportunity to drive away from the checkpoint if you do not wish to stop. You cannot be stopped just because you avoided the checkpoint. Rather, your stop must be justified on other grounds, including a traffic violation or driving in a way that displays obvious signs of intoxication.

Punishment Arising Out of a Sobriety Checkpoint

The punishment for a DUI is equally severe whether you are stopped at a sobriety checkpoint or not.

If convicted for a first-time DUI under CVC 23152, you will be imprisoned in county jail for up to 6 months, and will fined from $390 up to $1000. The actual fine with all penalty assessments will come to close to $2,000 in most courts in California.

If convicted under CVC 23152, the DMV will suspend your driver’s license for 6 months, pursuant to CVC 13352.

Further, if you are convicted under CVC 23152 or CVC 23153 and are put on probation, it will last from 3 to 5 years. During this time you will be required not to drive with any measurable amount of alcohol in your system. Per your probation, you will be required to complete a “driving under the influence” program.

California DUI Defense Attorney

If you are charged with a DUI as a result of being stopped at a sobriety checkpoint, contact Wallin & Klarich for DUI defense. Wallin & Klarich is well-versed in the legal intricacies of sobriety checkpoint and DUI law. After examining your case, Wallin & Klarich may be able to have the charges against you dismissed. Perhaps the checkpoint was not set up properly according to the Ingersoll decision. Perhaps the only reason you were stopped was because you avoided the checkpoint. Depending on your situation, your California DUI defense attorney may have your charges dismissed or significantly reduced.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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If you drive a motor vehicle, by law you are consenting to chemical testing of your blood or breathe in order to determine your blood alcohol level. If you are lawfully arrested for driving under the influence of alcohol, you have the choice of how you will be tested, either through a blood or breathe test. The arresting officer must inform you of that choice.

Consequences of Refusing a Field Sobriety Test

Refusing to take a field sobriety test in San Bernardino will result in the following severe punishment:

• A fine of $125 (Vehicle Code 14905)

• Imprisonment if you are convicted of a DUI; AND

• Either of the following

o Suspension of your driver’s license for 1 year
o Revocation of your driver’s license for 2 years if you refused to take a sobriety test within 10 years of a prior DUI or reckless driving conviction; OR
o Revocation of driver’s license for 3 years if you refused to take a sobriety test within 10 years of two or more separate DUI, reckless driving, or vehicular manslaughter convictions, or if your driver’s license has been suspended/revoked two or more times for separate offenses

California DUI Defense Attorney

An aggressive and knowledgeable California DUI defense attorney can help lessen or entirely avoid the severe consequences that could result from a charge of refusing to take a field sobriety test. Wallin & Klarich is aware of the many conditions that must be met before you can be punished for improperly refusing to take a sobriety test and can often raise viable defenses so your criminal liability is reduced or eliminated. For example, if you were unlawfully arrested, the charges may be dropped altogether.

Wallin & Klarich has over 30 years of experience successfully defending our clients facing DUI charges and helping them avoid jail time. We have the skill and experience to help you win your case. Our offices are located in San Bernardino, Orange County, Los Angeles, San Diego, Riverside, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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If you are convicted of drunk driving in California, your DUI conviction will stay on your criminal record for your entire life, unless otherwise ordered by the court. However, with regard to your driving record, a DUI conviction will remain on your record for a period of 10 years after the date of the incident.

In addition to the conviction being on your record for a long time, there are a number of other penalties that are imposed by the law and the Department of Motor Vehicles that you should be aware of when you are facing a DUI. If you or someone you know is charged with a DUI in California, the attorneys at Wallin & Klarich can help you fight these DUI charges.

Prosecution for DUI

In California, there are two distinct DUI laws which may be charged depending on the circumstances of your case. California Vehicle Code 23152(a) prohibits “driving while under the influence of drugs or alcohol (or both);” and California Vehicle Code 23152(b) prohibits “driving with a blood alcohol level of 0.08% or higher.” Regardless of how you are charged, you will still be facing the same punishments.

In order to convict you of a DUI under CVC 23152(a), the prosecution must prove that:

1. You drove the vehicle; AND
2. When you drove, you were under the influence of an alcoholic beverage and/or a drug, or both

In order to convict you of a DUI under CVC 23152(b), the prosecution must prove that:

1. You drove the vehicle; AND
2. When you drove, your blood alcohol content (BAC) was 0.08% or more by weight

It is important to note that if you are charged under CVC 23152(a), the prosecution does not need to prove your BAC, only that you were under the influence of drugs or alcohol, or both, at the time you were driving.

DMV Hearing to Avoid a Suspended License

Even if you have not yet been convicted of a DUI under California Vehicle Code 23152, you will be required to take steps beyond the legal system to ensure that your rights are protected. When you are arrested for a DUI in California, you will have 10 days to schedule a DMV hearing, which will determine whether your driver’s license will be suspended for a period of up to one year.

At this hearing, you will have the opportunity to contest the suspension of your driver’s license. If you successfully contest the suspension, you will be able to keep your driver’s license while fighting your DUI charges.

If you fail to schedule a hearing within 10 days of being arrested for a DUI, then your license will automatically be suspended for up to six months. If you fail to contest your driver’s license suspension, then the DMV will add two (2) points to your driver’s license. The two points will remain on your record for the full period of ten (10) years.

Punishment for DUI

Apart from the DMV penalties that you will face when you are charged with your first DUI, you will also be subject to:

1. A jail sentence in county jail of up to six months
2. A fine of up to one thousand dollars ($1,000)
3. Probation from three to five years; AND
4. A requirement that you successfully complete a lengthy driving-under-the-influence program

The penalties for subsequent DUIs become progressively severe with more stringent requirements.

California DUI Defense Attorney

At Wallin & Klarich, we know that facing a possible DUI conviction is scary and can have a long-lasting, negative effect on your life. Our attorneys have over 30 years of experience successfully defending our clients in DUI cases. Our offices are located in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville, Torrance, Sherman Oaks, and West Covina. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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According to California Vehicle Code section 23612, if you are arrested for a DUI offense committed in violation of California Vehicle Code section 23140, 23152 or 23153, you are deemed to have given your consent to chemical testing through either a blood or breath test to determine the alcohol content of your blood. If a blood test is unavailable, you may be required to submit to a urine test. This is known as the “Implied Consent Law,” as you do not have to actually give permission at the time for the chemical test to be performed. Instead, the law provides that you already have given consent.

According to California Vehicle Code section 23612, the test must be administered after a lawful arrest, at the direction of a peace officer who had probable cause to believe that you were driving while intoxicated, in violation of California Vehicle Code section 23140, 23152, or 23153.

DUI Offenses affected by California’s Implied Consent Law

California’s implied consent law applies to DUI offenses described under California Vehicle Code section 23140, 23152, and 23153.

California Vehicle Code section 23140 makes it unlawful for you to drive a vehicle if you are under the age of 21 and have a blood alcohol content of 0.05 percent or more.

California Vehicle Code section 23152 states that it is unlawful for you to drive a vehicle while you are under the influence of alcohol or a drug, such that you can no longer drive the vehicle with the ordinary caution and care that a sober person could exercise under similar circumstances.

California Vehicle Code section 23153 applies to DUI’s that cause injury. In order for you to be convicted under section 23153, you must have been driving under the influence of drugs or alcohol, and failed to perform a legal duty that resulted in bodily injury to another person.

Consequences for Refusal to Submit to Chemical Testing

California Vehicle Code section 23612(a)(1)(D) describes the consequences you face if you do not comply with California’s implied consent law. If you fail to submit to chemical testing after being arrested for a DUI, you will face a fine; and if you are convicted under California Vehicle Code section 23152 or 23153, you will face an additional mandatory jail sentence. In addition, if you fail to submit to chemical testing, you may also face the following consequences:

(1) The suspension of your driving privileges for one year;

(2) Revocation of your driving privileges for two years if:

A. You refused to comply with chemical testing within 10 years of a separate DUI, reckless driving, or vehicular manslaughter conviction; OR
B. Your driving privileges were previously suspended for an offense that occurred on a separate occasion

(3) Revocation of your driving privileges for a period of three years if:

A. You refused to comply with chemical testing within 10 years on two or more separate DUI, reckless driving, or vehicular manslaughter convictions; OR
B. Your driving privileges were previously suspended or revoked two or more times for offenses that occurred on separate occasions

Refusing to take a Preliminary Alcohol Screening Test (PAS)

When you are first stopped by a police officer for a DUI, you do not have to submit to a preliminary alcohol screening test (PAS). The PAS test is different from the chemical test you are required to submit to because the PAS test is requested before you are arrested, whereas the chemical test is requested after your arrest and performed at the police station. Unlike the chemical test, you will not face any penalties for refusing to submit to a PAS test.

California DUI Lawyer

Wallin & Klarich has over 30 years of experience defending clients charged with driving under the influence. The California DUI lawyers at Wallin & Klarich will assist you through the legal process and help you present the best possible defense available to you under the circumstances of your case. Wallin & Klarich understands that a conviction for driving under the influence can result in negative consequences that have a large impact on your life and will fight to prevent those consequences. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Call Wallin & Klarich today at 877-4-NO-JAIL or 877-466-5245. We will get through this together.

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When you are stopped for suspicion of driving while under the influence pursuant to California Vehicle Code 23152, it is your right to refuse to take a field sobriety test because you have not been arrested yet. At Wallin & Klarich, we advise our clients to politely refuse to take any field sobriety tests because they are rarely – if ever – beneficial to your case. In almost all cases, you are simply helping the arresting officer build a case against you.

Although refusing to take a field sobriety test can result in an easier case to win at trial, you must understand that there are other important consequences to refusing to take a field sobriety test. Depending on the particular circumstances in your case, your Southern California DUI defense attorney at Wallin & Klarich will be able to counsel you on the consequences you could face even though you refused to take a field sobriety test.

Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) established the standard field sobriety tests that officers administer during DUI stops in order to give police officers probable cause to arrest drivers who exhibit symptoms of intoxication. There are three standard field sobriety tests that are administered in traffic stops: the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand Test. Each of these tests is designed to cause drivers who are impaired by drugs or alcohol to display symptoms of their intoxication.

Horizontal Gaze Nystagmus Test

The Horizontal and Vertical Gaze Nystagmus tests require the officer to hold an object at a certain distance away from your face and move the object from side-to-side and top-to-bottom while you keep your eyes focused on the object. During the test, the officer will watch your eyes for distinct and sustained nystagmus.

Nystagmus is the involuntary jerking of the eyes that ordinarily occurs in everyone as the eyes gaze to the side, but is more distinct and pronounced while you are intoxicated. If you exhibit distinct and sustained nystagmus in your eyes, you will likely fail the test – even if you display nystagmus because of a medical condition, your work conditions, or simple fatigue.

Walk and Turn Test

When the officer asks that you perform the Walk and Turn Test, you will be required to take nine (9) heel-to-toe steps on a straight line (real or imaginary, depending on circumstances) forward and back for a total of twenty 18 steps. You will be required to stand in the heel-toe position while the officer gives instructions, count your steps out loud as you perform them, and pivot in a very particular fashion involving multiple steps.

During this test, the officer will be observing you for signs of impairment under the rationale that the test forces you to perform a divided attention task, where you have to keep track of multiple things at once. NHTSA states that there are eight indicators of impairment that the officer is looking for:

1. Failing to touch your feet heel-to-toe
2. Raising your arms for balance
3. Stepping off of the line
4. Becoming unbalanced while listening to instructions
5. Beginning before instruction finishes
6. Stopping the test to regain balance
7. Making an improper turn; OR
8. Taking an incorrect number of steps

Also, officers routinely consider improperly counting your steps as an additional sign of impairment. If you exhibit two or more of these indicators during the test, NHTSA states that it is likely your BAC is above 0.08 and you will fail the Walk and Turn Test.

This test is particularly troublesome for you because of the sheer number of times you can fail the test (2 while being instructed and at least 6 indicators for each of 18 steps, leading to a minimum of 110 possible chances to exhibit a sign of impairment). Simply put, if you exhibit signs of impairment in only one of your steps, you will likely fail the sobriety test.

Performing the Walk and Turn Test is perhaps the most likely field sobriety test to hurt your chances at a successful defense to your DUI charge. It will take an experienced Southern California DUI defense attorney to combat your results if you fail it.

One Leg Stand Test

The One Leg Stand Test is the third and final standard field sobriety test recognized by NHTSA. The test requires you to stand on one leg of your choosing, with your foot raised approximately six inches off of the ground, with your hands at your side, and count aloud by thousands until told to stop by the officer. The officer will observe you for 30 seconds. During the test, the officer will be looking for at least four indicators of impairment, including:

1. Swaying while balancing
2. Using your arms to balance
3. Hopping to maintain your balance; AND
4. Putting your foot down before being told to do so

If you exhibit two or more of these indicators of impairment, then you fail the test. Like the Walk and Turn Test, the officer will be looking for any of the four indicators for the entire 30 second duration, leading to many chances for you to exhibit a symptom of impairment. Even if you perform the test well for the first 25 seconds, but begin to sway and use your arms to balance in the last five seconds, the officer will likely say that you have failed the test.

Improper Testing Procedures

These tests are all difficult and often lead to a sober person failing them because they require you to perform tasks that most people ordinarily do not perform regularly. They are intentionally designed in such a way that most people will exhibit some signs of impairment, even if they are sober. If you have a medical condition, your chances of failing one of the tests is increased even more, as officers routinely do not ask adequate questions to determine whether you have a condition which would explain why you exhibit one of the signs of impairment. For instance, if you recently had surgery on your knees, you likely will not have the strength in your legs to balance for the Walk and Turn and One Leg Stand tests.

Furthermore, the standard field sobriety tests were designed for ideal lab conditions and officers are trained only under these circumstances (i.e., adequate lighting, level road, no traffic, no rain, etc.). However, officers almost always administer these tests in conditions that are not ideal to determine impairment. Just one inadequate condition can lead to you exhibiting a false sign of impairment. For example, if the officer administers the Horizontal Gaze Nystagmus test to you while you are facing his car and he left his overhead lights on, you will likely exhibit pronounced nystagmus as your eyes try to keep track of the object while the officer’s squad car lights are flashing behind it.

If you are arrested for DUI because you failed the standard field sobriety tests, your Southern California DUI defense attorney at Wallin & Klarich will be able to examine the particular circumstances in your case in order to fight the results.

Refusing to Take a Field Sobriety Test

You must remember that you are not required to submit to any kind of standard field sobriety testing and you should politely refuse if the officer requests you submit to them. While refusing to take the tests will likely lead to the officer arresting you for a DUI, you will not have the risk of failing a field sobriety test that was improperly conducted.

California DUI Defense Attorney

At Wallin & Klarich, we have over 30 years of experience successfully challenging failed field sobriety tests in our clients’ DUI cases. Our attorneys use the most proven methods when fighting the evidence against your case. We care about our clients and we will be there for you when you call us.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. Our offices are located throughout Southern California in Orange County, Los Angeles, Ventura, San Diego, Torrance, Riverside, San Bernardino, Victorville, Sherman Oaks, and West Covina. We will be there when you call.

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