most people are concerned, DUI law is pretty straight forward; if you drive with a
blood alcohol level of a 0.08% or more, than you are guilty of driving under
the influence of alcohol or drunk driving under California Vehicle Code section
23152(b). This seems pretty straight forward. But what if a person’s blood
alcohol is below the legal limit but they also have taken some kind of drug, be
it legal or illegal? Then the issue is not so clear. Or what if a person is
below the legal limit but their tolerance to alcohol is so low that they are
too drunk to drive with just a small amount of alcohol in their system? DUI Attorneys in Orange County know that In these situations the
DUI law is less black and white.
For these
cases there are separate subdivisions of Vehicle Code section 23152 which make
it illegal to drive with a combination of alcohol or drugs, or even just
alcohol below a 0.08%, it this combination of alcohol and drugs or just the
small amount of alcohol impairs the driver to the point where they can no
longer drive a motor vehicle with the same care and caution customary of a
sober person. But how do you know if someone is so impaired by a small amount
of alcohol, or a combination of alcohol and drugs, so that they cannot drive
with the care and caution of everyone else? Well, DUI defense Lawyers in Orange County know that this issue is not a bright
line and there is often room for doubt.
cases there are separate subdivisions of Vehicle Code section 23152 which make
it illegal to drive with a combination of alcohol or drugs, or even just
alcohol below a 0.08%, it this combination of alcohol and drugs or just the
small amount of alcohol impairs the driver to the point where they can no
longer drive a motor vehicle with the same care and caution customary of a
sober person. But how do you know if someone is so impaired by a small amount
of alcohol, or a combination of alcohol and drugs, so that they cannot drive
with the care and caution of everyone else? Well, DUI defense Lawyers in Orange County know that this issue is not a bright
line and there is often room for doubt.
One of the
primary means that the District Attorney uses to prove impairment to a jury is
their interpretation of the driver’s performance on field sobriety tests. Of
course, a skilled DUI defense attorney in Orange County will offer a different
interpretation. On a typical DUI investigation a DUI officer will usually ask
the driver to perform at least three field sobriety tests. The most common
field sobriety tests include the walk and turn test, the Rhomberg test (tilt
head back while eyes are closed and maintain balance), the one-legged stand, horizontal
gaze nystagmus (following pen with eyes only), nose touch, and hand pat. The
tests are said to test a driver’s balance, coordination, divided attention
(ability to do two things at once) and ability to follow instructions. And in a
case where someone has a blood alcohol level below a 0.08% the field sobriety
tests are often the most important evidence in the case.
primary means that the District Attorney uses to prove impairment to a jury is
their interpretation of the driver’s performance on field sobriety tests. Of
course, a skilled DUI defense attorney in Orange County will offer a different
interpretation. On a typical DUI investigation a DUI officer will usually ask
the driver to perform at least three field sobriety tests. The most common
field sobriety tests include the walk and turn test, the Rhomberg test (tilt
head back while eyes are closed and maintain balance), the one-legged stand, horizontal
gaze nystagmus (following pen with eyes only), nose touch, and hand pat. The
tests are said to test a driver’s balance, coordination, divided attention
(ability to do two things at once) and ability to follow instructions. And in a
case where someone has a blood alcohol level below a 0.08% the field sobriety
tests are often the most important evidence in the case.
In low
blood-alcohol level cases, if there is no evidence of bad driving, which is the
best indicator of impairment for driving purposes, then the field sobriety
tests will often determine the outcome of the case. A skilled DUI defense Lawyer is often able to turn the tables on the DA when it comes to
interpreting the performance on field sobriety tests. A DUI ATTORNEY does this
by offering alternative explanations for poor performance and by pointing out
all the things the driver did properly on the field sobriety tests. Moreover, a
good DUI Lawyer will point out the inherent flaws in the tests as well as
highlight the inherent officer bias and how this could affect the accurate
recording of performance.
blood-alcohol level cases, if there is no evidence of bad driving, which is the
best indicator of impairment for driving purposes, then the field sobriety
tests will often determine the outcome of the case. A skilled DUI defense Lawyer is often able to turn the tables on the DA when it comes to
interpreting the performance on field sobriety tests. A DUI ATTORNEY does this
by offering alternative explanations for poor performance and by pointing out
all the things the driver did properly on the field sobriety tests. Moreover, a
good DUI Lawyer will point out the inherent flaws in the tests as well as
highlight the inherent officer bias and how this could affect the accurate
recording of performance.
If you are
accused of DUI, DUI with injury, DUI drugs, or any other crime, you will need
to speak to an experienced ORANGE COUNTY CRIMINAL DEFENSE ATTORNEY. Call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
telephonic consultation. We have offices at 32072 Camino Capistrano, 2nd
floor, San Juan Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350,
Costa Mesa, CA 92627.
accused of DUI, DUI with injury, DUI drugs, or any other crime, you will need
to speak to an experienced ORANGE COUNTY CRIMINAL DEFENSE ATTORNEY. Call The
Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
telephonic consultation. We have offices at 32072 Camino Capistrano, 2nd
floor, San Juan Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350,
Costa Mesa, CA 92627.
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