There are a number of ways a police officer can try to determine if he or she should make a DUI arrest. The officer will likely ask you a number of questions in order to assess your current condition so that they can use their best judgment in order to proceed with further tests, or to let the driver go on their way. Typically these tests will include coordination, balance, and attention challenges such as:
Other symptoms that lead to arrest
The officer can also use other evidence to determine if they should arrest a driver for a potential DUI charge. Driving erratically, slurred speech, dilated pupils, bloodshot eyes, odor of an alcoholic beverage, vomiting, and incriminating statements can also lead an officer to order a person to submit to a roadside chemical test. After an officer arrests you for DUI, you are required to take a chemical test of risk losing your license for at least a year.
Problems with field sobriety tests
It is important to remember that people who are not under the influence of drugs and/or alcohol can have difficulty passing these tests. Many scientific studies have questioned the accuracy of these tests, and drivers are not required to take these tests. Respectfully declining to take these tests gives the prosecution less evidence to use to convict you of drunk driving. The only tests you are required to take are the evidential chemical tests usually administered at the police station, jail, or hospital.
Some common problems that can negatively affect the outcome of your field sobriety test include:
Problems with roadside chemical tests in the Bay Area
Each chemical test is fallible in any number of ways. They require precisely maintained and calibrated instruments that are subject to a number of variables that can influence their outcome in favor of the prosecution. Unless your DUI attorney is familiar with the procedures and potential problems associated with each of these tests you could face any number of penalties that could possibly have been otherwise dismissed. Here are some issues or situations that can affect chemical testing:
If you are charged with Driving Under the Influence in the Bay Area, you must take action immediately. The first thing Aaron Bortel tries to do is win your case. We understand your pain, and know that you want to put this ordeal behind you as quickly as possible. Aaron Bortel exclusively handles Bay Area DUI cases, and knows the confusion, fear, and frustration you are feeling right now, and working together, he can take on the courts and the DMV and get you back on the road today.
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