Fisher Law Office

September 2014 Archives

Chemical test refusal in suspected DUI arrests

Because one's blood alcohol content is used to determine his or her level of impairment in a suspected incidence of driving under the influence, failure to submit to a blood or breath test comes with automatic penalties in California. However, there are no consequences for refusing a field sobriety test.

PUBLIC INTOXICATION: Does law enforcement have to give me a breathalyzer?

We represent a great number of people who have been charged with Penal Code section 647(f), Public Intoxication/Drunk In Public.  Often times, when discussing the circumstances of the arrest with our clients, our clients will tell us that the arresting officers did not give them a breathalyzer/breath test or any other test.  However, the law does not require that law enforcement test individuals when arresting them for Public Intoxication/Drunk In Public.

California fatal crash may have been the result of DUI

A fatal car accident that occurred in Morgan Hill Aug. 30 may have been the result of drunk driving, according to the California Highway Patrol. The accident happened around 12:55 a.m. on northbound Santa Teresa Boulevard. According to reports, a 24-year-old San Martin man was driving along the boulevard when the car that he was driving crashed into a Jeep being driven by a 34-year-old Morgan Hill man.

Are Drivers Required to Perform Field Sobriety Tests?

Virtually every driver who has been stopped by law enforcement and investigated for Driving Under the Influence (DUI) has been instructed by law enforcement to perform several Field Sobriety Tests (FST's).  These tests commonly include standing on one leg (One-Leg Stand), walking in a straight line (Walk-and-Turn) and following a moving object with one's eyes (Horizontal Gaze Nystagmus).  Each of these tests is flawed in detecting the influence of alcohol and other drugs.  What's more, the manner in which the tests are explained to drivers and the way in which law enforcement judge the performance of drivers makes it extremely difficult for any driver, sober or otherwise, to perform the FST's to an officer's satisfaction.  Fortunately, drivers are not legally required to participate in the FST's. Unfortunately, few drivers know that.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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September 2014 Archives | San Luis Obispo Criminal Law Blog