A police officer may detect a drunk driver by his or her erratic driving: weaving from side to side; being unable to stay in one lane; speeding up and slowing down without reason; or making unsafe turns; for example. Or the police offices may stop a driver for a routine traffic violation – such as a taillight being out – and then smell alcohol when questioning the driver. Some police departments have taken to setting up sobriety checkpoints on Friday and Saturday nights and holidays to catch drunk drivers.

If a police office suspects that you may be driving under the influence of alcohol (or drugs), you will normally be put through a variety of field sobriety tests. These tests are designed to assess your awareness and coordination. The police officer may ask you to walk a straight line by placing the heel of one foot in front of the toe of the other foot, proceed several yards, then turn around and return in the same fashion. You may be requested to close you eyes, tilt your head back, and spread your arms. If you can’t maintain your balance and start to fall back, the police officer will suspect intoxication.

You may also be asked to touch the tip of your nose with the first finger of your left hand, then with the first finger of your right hand. If you are unable to touch your nose, the police officer will suspect that you are under the influence. The officer may ask you to stand on one leg for a bit, then on the other to see if you can maintain your balance. You also may be requested to recite the alphabet or perform simple additions or subtractions. Of the police officer may ask you to repeat a tongue twister, such as, “Peter Piper picked a peck of pickled peppers.” The officer may shine a flashlight in your eyes to see how quickly your pupils contract.

If you ever find yourself being asked to perform field sobriety tests, make sure that all conditions are as much to your advantage as possible. For example, at night, ask that the tests be preformed in a well-lighted area. The ground should be firm, level, and clean, preferably concrete. Tell the officer to repeat the directions if you don’t understand them. If they are still unclear, have the officer demonstrate what he or she wants you to do. When possible, it may be a good idea to have a third person watch the field tests to ensure that the officer conducts them properly.

If you fail the field sobriety test, the officer will take you back to the police station, where you usually will have a choice between having a breath test or blood test. Previously you also had the choice of giving a urine sample. Most states have abolished the urine test because of its inherent unreliability. Before a urine test could be administered, you first had to empty your bladder completely, and then wait until your body produced enough urine for a second sample.

DUI law is complicated and should be handles by an experienced Fairfield DUI lawyer. If you have been charged with a DUI/DWI call Fairfield DUI attorney Dionne Choyce today.

CHOYCE & CROWELL
711 Jefferson, Suite 204
Fairfield, CA 94533
Office: 707-422-1202
Fax: 707-422-1292

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A large part of our criminal practice focuses on DUI defense. California has some of the strictest laws in the country regarding drunk driving (DUI or Driving Under the Influence of alcohol or drugs).   Prompt action can have a significant impact on a successful defense. For example, there is a 10-day deadline for calling the California DMV to request a hearing on your license suspension and to get an extension of your temporary license.

 We understand the urgency and importance of your DUI case.  Because so much of our practice is focused on DUI representation, our fee is competitive.  Also, we normally order your police report and set up your DMV hearing the same day you hire us.  This goes a long way with our clients, who are normally anxious to see the report, which contains the police accusations and blood results. 

Our defense lawyers also regularly appear in court on our clients’ behalf, thus saving them valuable work time, not to mention embarrassment.  Most of our DUI clients are first-timers, and we vigorously defend them.  Further, most of our new DUI clients come as a referral from satisfied clients who were in the same predicament and were pleased with our office and results.  A vigorous and complete defense also gains us respect with district attorneys and judges, in addition to the referrals we receive from happy clients. 

California law states that:

• Blood alcohol concentration illegal limit is 0.08%
• A first offense can result in an administration license suspension for 6 months
• Driving privileges (to and from work for example) can be restored after 30 days
• Penalties include interlock & forfeiture (seize your car and sell it)
• Both drivers and passengers are not permitted to have an open container of alcohol