Are Breathalyzers Accurate? What Else Can Be Used? Barstow Criminal Defense Attorney Weighs In
Are Breathalyzers Accurate? What Else Can Be Used? Barstow Criminal Defense Attorney Weighs In
Are Breathalyzers Accurate? What Else Can Be Used? If you've ever been pulled over for a suspected DUI in California, chances are you were asked to take a breathalyzer test. These devices have become a common tool used by law enforcement officers to determine if someone is driving under the influence of alcohol. But how exactly do breathalyzers work? And why are they so widely used in California and other…
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Are Field Sobriety Tests Voluntary?
Are Field Sobriety Tests Voluntary? Seeing those flashing red, white and blue lights appear behind you while you’re driving is a nerve-wracking experience. Your mind may begin to race with thoughts like, “Was I speeding? Did I miss a stop sign? Is my taillight out?” With so much going through your mind, you may not be able to think clearly. So, when an officer asks you to step out of…
Read MoreDo I Have A Legal Right To Refuse A Field Sobriety Test?
After a night of heavy drinking with friends, you decide to say farewell and drive yourself home. Before reaching your destination, an officer pulls you over because he believes you are driving drunk. You immediately realize that you are intoxicated. If the officer asks you to perform a field sobriety test, do you have a legal right to decline? What Is A Field Sobriety Test? A field sobriety test (FST)…
Read MoreWhat The Prosecution Looks For In A California DUI
In a DUI case, it is essential you speak with an experienced California DUI lawyer, like Wallin & Klarich. When facing allegations of drunk driving, you need an attorney who can show the DMV and prosecutor that you did not display signs of mental impairment. How Can the Prosecution Prove You are Guilty of DUI? Most experts agree that alcohol causes mental impairment before it causes physical impairment. Therefore, if signs…
Read MoreIt’s a Trap: Common Ways a Sober Person Could Fail a Field Sobriety Test
The sight of flashing red and blue lights in the rearview mirror is enough to make any driver nervous. Between the time you realize the officer means to pull you over and the time you stop your car, countless variations of these questions go through your mind: “What did I do? Was I speeding? Did I cross into another lane? Are my tags current?” If you are sober, it…
Read MoreGuide to Sobriety Tests in California
If there's anything we can learn from this video clip from the comedy show Reno 911, it's that Field Sobriety Tests can be ridiculously unnecessary, and oftentimes lead to self-incrimination. However, if you know your rights and are certain about what you should do during a DUI stop, your chances of being convicted for DUI are greatly reduced. If you are stopped for DUI, you will likely be asked to take…
Read MoreRules Concerning Sobriety Checkpoints in California (CVC 23152)
On a Friday afternoon, you and your friends decide to celebrate the end of a long workweek by heading to happy hour at your favorite restaurant. After having a couple of drinks, you head home. As you near your neighborhood, you notice ahead of you a row of traffic cones, a couple of patrol cars, flashing lights, and police officers in the street stopping a line of cars. These are…
Read MoreWhat Are Your Rights During a DUI Field Sobriety Test (FST)?
Attorney Matt Wallin of Wallin and Klarich, A Law Corporation, explains what you should and should not do when you are pulled over by police on suspicion of DUI. As Mr. Wallin guides you through this video, he explains the different types of activities you will be required to perform during a Field Sobriety Test (FST) and how to avoid making serious mistakes during a DUI police stop. He addresses…
Read MoreDefense Expert Cannot Challenge Breathalyzer Technology
In People v. Vangelder, the California Supreme Court ruled a trial judge overseeing a DUI case properly excluded expert testimony that challenged the overall reliability of breath-alcohol testing machines. In a unanimous opinion, the court held that a defendant charged with driving with a blood-alcohol level of 0.08 percent or more, in violation of California Vehicle Code section 23152(b), can argue that a particular breathalyzer machine used to convict him…
Read MoreCan I Refuse A Field Sobriety Test In San Bernardino?
Can I Refuse A Field Sobriety Test In San Bernardino? 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…
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