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Los Angeles DUI Defense Lawyers 

What Police Look for in a DUI Case

Police officers are looking to build a Los Angeles DUI case against a driver who may be under the influence of alcohol or impaired. They often ask the driver if he or she has been drinking that evening. Keep in mind that if you answer that question, you're giving the officer "reasonable suspicion" to detain you and administer field sobriety tests - FST's to determine whether you're impaired or driving under the influence of alcohol. There are ways to sidestep this question, of course remain polite, but consider saying that you would like to consult with your DUI attorney before answering any questions.

Field Sobriety Tests

There are typically two methods that officers use to find out if the driver is intoxicated: field sobriety tests and breathalyzer tests. Whether you should agree to take these tests depends on the details of the incident and the state of your driving record (often those on probation for DUI or are under 21 are required to submit to a breath or blood test). But all of tests are prone to mistakes and need to be administered in a manner consistent with strict state guidelines. Additionally, many of the field sobriety tests are difficult to perform and have subtle instructions.

FST's are difficult!

One example of this is the often used "walk and turn test." The police officer points out a line on the ground or may even ask you to "imagine a line!" Then he asks the driver to walk heel-to-toe for a nine of steps along the line, pivot around, and return to the beginning. The officer is not only looking to see if the person is walking straight or is having trouble with their balance by lifting their arms, but the officer also wants to see how well the possible DUI driver is paying attention to the very detailed instructions.

This subjective test may sound simple, but even a sober person can have trouble with it; especially in the nerve-racking situation of being pulled over by the police. Other tests, such as the "stand on one leg test" and the "finger to nose test," also sound simple enough. However, following all of the various directions, set out by the officer just seconds before, quickly becomes daunting. All of these tests are supposed to evaluate your balance and coordination (physical impairment) and whether you can juggle different tasks in your mind at the same time (mental impairment).

Breath Alcohol Tests are NOT Always Accurate!

In California, police officers need to adhere to a strict set of laws, called "Title 17," when administering breath alcohol tests. Though the state limit for blood-alcohol content is .08 %, an officer can declare a driver intoxicated at even lower blood alcohol concentration - BAC levels. Nevertheless, even these tests are prone to human error and mechanical failure. Our experienced Los Angeles DUI attorneys are former deputy district attorneys and we know the proper procedures that should have been used by the peace officer in a drunk driving investigation. We always obtain the breath machine maintenance and calibration records. And as former DA's, we know when a mistake has been made. Do not simply plead guilty. Call us for a free consultation.


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