Rizio and Nelson California Law Blog

Field Sobriety Tests

Law enforcement agencies utilize different field sobriety tests to determine probable cause to make a DUI arrest. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies that determined that some tests are accurate indicators, to a certain degree, of a blood alcohol content (BAC) above .10%. Law enforcement agencies use non-scientific or non-standardized field sobriety...

DUI Arrests: Inappropriate Subject for Breath Testing

Although breath testing is most commonly used to measure blood alcohol content (BAC), it is not appropriate for all people in all circumstances. Breath testing ascertains the amount of alcohol evaporated from the lungs. Breath is expelled from the deepest recesses of the lungs, then passes through the throat and exits via the mouth. However, when residual alcohol is retained inside the mouth, the...

DUI Arrests: Punishment Enhancements

There are particulars or special accusations that increase a defendant’s risk of receiving a harsher punishment in a misdemeanor case. The increased punishment alternatives include steeper fines, mandatory attendance in lengthy alcohol education courses, and a longer required term in a county jail. 1. Refusing to Submit to a Chemical Test (VC 23577) If a suspect is arrested for VC 23152, a DUI...

DUI Arrest – Physical Signs of Intoxication

Officers will closely observe the physical appearance of any purported intoxicated driver. This allows them to determine symptoms of intoxication accurately in order to form a basis for arrest (probable cause). The symptoms will be included in the defendant’s arrest report for use by the prosecuting attorney in the driver’s DUI charge. The type of alcohol that is considered safe for consumption...

DUI Arrest Per Se Rule

To be convicted of a DUI, a prosecutor has the burden of proving beyond a reasonable doubt that the defendant was driving under the influence of alcohol (and over the legal limit). The types of evidence which normally indicate acceptable evidence include: driving pattern, physical appearance, performance on field sobriety tests, and the results of chemical tests. Nevertheless, many people can drive...

California DUI Arrest–The Field Sobriety Test – One Leg Stand – Defined

The One-Leg Stand (OLS) test is performed in a sedentary position. If performed and employed correctly, the OLS has a 65% accuracy rate in measuring a blood alcohol content (BAC) above .10%. Correct administration of the OLS necessitates a reasonably dry, hard, level surface. If the subject is wearing heels above 2 inches tall, they should be allowed to remove them to maintain balance. The officer...

Summer is Coming!

With summer coming again, we will all be attending more outdoor events including cookouts, weddings and other events that often involve large gatherings of friends and families. Inevitably many of us are going to have a drink or two at these events, especially given that it’s warmer than usual outside. To prevent the possibility of being of being cited for driving under the influence, it’s important...