More often than not, when someone is arrested and charged with a DUI, they are charged with violating two different sections of the Vehicle Code. Usually, the code sections they are charged with violating are Vehicle Code sections 23152(a) and 23152(b). Many of my clients initially wonder why this is. Often times, it is a strategic move for a more flexible prosecution theory.
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.