Field Sobriety Tests

When a police officer suspects someone of driving a vehicle under the influence of alcohol the police officer will try to determine how much or intoxicated the driver is.  To do this there are a variety of tests the police may subject you to.  These tests include:

1.    Field Sobriety Test
2.    Preliminary Alcohol Screening Test (breathalyzer)
3.    Chemical Evidentiary Breath Test (breathalyzer)
4.    Chemical Evidentiary Blood Test
5.    Chemical Evidentiary Urine Test

It is important to know what these tests are and what tests are voluntary and which ones are mandatory.  The field sobriety test is a voluntary test.  The test involves the driver performing tests related to balance, time, and hand/eye coordination.  The preliminary alcohol screening test is also voluntary.  This involves breathing into a breathalyzer and the breathalyzer will display a number to the investigating officer which shows your blood alcohol content.  The chemical evidentiary blood and breath test are both mandatory tests. A urine test is only given after a blood and breath test are unavailable.  Any Los Angeles DUI attorney will recommend a driver performing those voluntary tests as it will not help your situation, since a poor performance on those tests will be used against you in a court of law.

If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich.  Wallin & Klarich will help protect your rights and find the best defense strategy for your case.  For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving.  Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.

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How An Experienced Southern California DUI Attorney Can Help You – California Vehicle Code 23152 (a)

It was recently reported that Riverside Police Chief Russ Leach resigned his post following a late night car accident. Leach hit a fire hydrant and continued to drive on until Riverside police pulled him over a few miles from the accident. At the time, Riverside police did not give Leach any type of field sobriety test (FST) and they did not issue any charges for suspicion of driving under the influence (DUI). However, Leach was at a local strip club drinking prior to the crash and Leach also stated that he was on prescription medication at the time of the accident. Leach stated he doesn’t remember the accident and “was disoriented on prescription drugs before the crash.” Leach claimed the prescription drugs were for a back injury.

Under California Vehicle Code 23152 (a), DUI charges are filed against someone who is driving under the influence of alcohol, drugs, or both. You can also be found to be under the influence of the prescription drugs. If you have a prescription, you should check with your doctor, pharmacist, or medication instructions to see whether it is acceptable to drive after taking the medication. DUI is a serious misdemeanor offense. If convicted, a defendant can be sentenced to fines, probation, license suspension, and possibly jail time.

The aggressive Southern California criminal DUI defense lawyers at Wallin & Klarich have been defending the rights of those facing criminal charges such as DUI for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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Allison Ross, who was once an anchorwoman at KFMB-TV from 1978 to 1989 and with KNSD 7/39 for two years in San Diego, was arrested and is facing misdemeanor DUI charges. She was arrested by her home in La Jolla after police observed her driving on the wrong side of the road. San Diego 10 News also reported that police had Ross perform a field sobriety test after pulling her over. She was taken to Las Colinas women’s jail in Santee.

It is important to understand your rights when you have been pulled over by police for a suspected DUI charge. You will be required to furnish the police with your driver’s license, proof of insurance, and proof of registration. However, know that you are not legally required to participate in field sobriety tests as did Ross in the story above. You can legally refuse to do them. In order for a field sobriety test to be admissible in court, it must be done voluntarily. You should never participate in any of these tests without consulting an experienced San Diego DUI lawyer.

If you or a loved one find yourself facing a DUI charge, it is important to seek knowledgeable legal counsel. At Wallin and Klarich, our DUI attorneys have the experience and skills needed to provide you with the best defense against your DUI charge. Our Southern California DUI attorneys will explain the legal process that occurs following a DUI arrest which can be very complicated. Our DUI attorneys have the necessary expertise to seek ways to get charges reduced and ensure your rights are protected. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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