If you are charged with a DUI, it’s time to think of a defense. While it is possible to defend yourself, in almost all situations, you should consider working with a lawyer. That leaves you with two options, as provided for by the sixth amendment: a court appointed lawyer or a professional DUI lawyer. Are there differences? Absolutely. You can save yourself plenty of time, money, and penalties by choosing the right lawyer. If you have no way of hiring a lawyer, you should definitely consider using a court appointed attorney – it’s much better than defending yourself. If you have the means to hire a lawyer, note the following differences.

Specialty
If you work with a court appointed attorney, he or she will not be a specialist in DUI law; the lawyer will take on a variety of cases beyond DUI. That means the lawyer has far less knowledge on DUI defenses. The lawyer may not be aware of all laws, effective defenses, and lack the skill needed to help. Since the lawyer will take on a variety of cases, it may cost you valuable time in preparing a case.

Experience
Rarely are court appointed attorneys incredibly experienced or successful in DUI law. True, they may have defended some driving under the influence cases, but he or she will have handled a variety of criminal law cases. Where a professional DUI lawyer can have hundreds of drinking and driving cases, including many successful defenses, a court appointed attorney may have a fraction of that experience.

Time
Quite often court appointed attorneys are overworked. They take on a huge load of cases, making it almost impossible to spend a great amount of time on your case. Also, a court attorney may have less resources in preparing your defense. He or she may want to help, but lacks the budget to do so.

Incentive
If you pay a lawyer for a DUI defense, he or she has more incentive in helping you win. A successful case looks good on his or her record. A court attorney gets no monetary reward from helping you win. He or she may be open to shutting the case quickly. While not common, you may get a court attorney going against your wishes and accepting a plea bargain from the prosecution.

A Successful Defense or a Guilty Plea?
If you have the money to spend on an experienced DUI lawyer, it can lead to much better results. If you go to jail, face fines, and lose your license for years, how much would you value avoiding that? You may lose time off work, pay over $1,000 in fines, and be unable to drive for a year or more. If you have to choose between defending yourself and using a court attorney, go with an attorney. If there is any way you can afford a professional DUI lawyer, it’s more than worth it.

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Staying positive after a DUI charge may seem to be impossible, but it’s important to keep moving forward. You hire a lawyer. You prepare a defense. You question what happened. That’s a start, but let’s go further.

The Questioning Officer
Many DUI lawyers hear this story. Remember the good cop/bad cop routine on TV? Well, it occurs sometimes with just one officer. He or she is all by the books when testing your for alcohol with a breathalyzer, perhaps asking you to do some field sobriety tests, and explaining your rights. Now, when he or she explains your rights, listen to them carefully (or recall how it goes). “You have the right to remain silent, and anything you say can and will be used against you in a court of law.” These words  are more important when the officer starts being friendly and asking you questions. He or she might pretend friendliness in order to get more information – in other words, getting you to incriminate yourself. Don’t; you should avoid saying anything else. All you need do is give you information, take the breath test, and accept any charges. Ignore the rest.

Remember What’s Said?
Write down any details you possibly can. Even if you did not answer questions, write down what the arresting officer said. Write down, in other words, every detail you can think of.

Play Fair
When in jail, say nothing, do nothing, make no mistakes. This can be quite difficult, especially if you are angry and worried. However, the more you say to police officers when you are put in jail, the more words you sling at them, and the more you say to other inmates only hurts your case. If you are mean to officers, it only works against you. Make this like a bad meeting with a boss in a job you have to keep; the less you question and take personal the better.

Your Testimony Verses Arresting Officer Testimony
Often what happens in a DUI case is the arresting officer’s testimony against yours. While it may seem unfair that one person can provide proof to punish you, that’s the way it works. Most judges will look at an arresting officer as more trustworthy than someone charged with a DUI. You have to understand many judges see DUI cases on a daily basis, making your story quite common. However, if you write down what exactly happened, if you feel wronged, and if you make contact with an experienced attorney, you still have a great chance of beating some charges or lessening penalties.

How can you question officer testimony? You can by collecting witnesses. That means anyone you meet while in jail, including any guards or others in jail, who are credible witnesses on how you seem can be used. Why? Because if the arresting officer says you were clearly intoxicated, but you have credible witnesses saying otherwise, you can discredit the testimony.

Tell Your DUI Attorney Everything
You should not lie to any officer or judge, but the one you trust with everything is your DUI attorney. If you have collected some witnesses, he or she should be the first one you provide the information. If you had in fact been drinking, explain the events. If the officer acted oddly or treated you wrong, your lawyer can take advantage of it.

Sometimes preparing an effective defense is more about what you do when arrested than what happens after. However, remember that how you act from the officer’s vehicle, to jail, to your home, and to court all can be used for you or against you.

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Just getting one DUI charge is enough, but unfortunately some of us make the mistake a second, even a third time. Where do you begin to prepare a defense? First you understand the penalties involved. Then you consider a lawyer. And finally you plan a strategy to avoid getting maximum penalties. This guide will show you how it’s possible to have all charges thrown out, or at the very least lessen California DUI penalties.

First California DUI Offense
For any DUI charge in any state, the first offense is obviously the one where you have room for negotiation and a better opportunity for defense. You almost always get misdemeanor charge. There are infractions, such as a speeding ticket; misdemeanors, like a DUI; and felonies, such as if you crash into someone while under the influence. A misdemeanor charge does mean you have potential jail time, that you pay fees of $400 to $1,000, and your license can be suspended (usually 4 months but sometimes more). Once you are eligible for your license, have paid all fines, and have fulfilled other requirements, you can start driving again, but usually with an ignition interlock device.

Multiple DUI Offenses
As with all states, California DUI penalties get worse the more you get. You risk a felony charge with multiple DUI charges. You have mandatory jail time, usually several months, just for a second DUI. Your license can be suspended, you may be forced to do community service, and you’ll also have to pay some fines. If you hurt someone while driving under the influence, that only places you in more trouble. Say you were drinking, tried driving home while intoxicated, and you hit a parked car with someone inside going very fast. That alone can lead to some serious charges, especially if the other driver is hurt badly. If they are killed, you may face what’s called “vehicular homicide” charges, which are as extreme as they sound.

Felony or Misdemeanor?
You definitely want to fight for felony charges to be lessened to misdemeanor charges. If guilt is clear, your lawyer might be able to limit the penalties. However, there are few if any deals when it comes to prosecuting a California DUI; most of the time, a punishment is given. If you are a repeat offender, there is a high probability of a felony. If on the other hand you made one mistake, you may be able to fight for a misdemeanor. This is assuming you have no chance of winning.

How can you beat the charges?
You do have a chance of winning against any charges, misdemeanor or felony, by understanding the process, your rights, and the importance of professional representation. As noted, prosecutors and judges are rarely lenient with DUI offenders. However, there are effective strategies for beating these charges. You might question how the officer arrested you; if they had no reason to pull you over, you can fight based on being profiled. You might also question how the breath and blood tests were done. Sometimes levels of alcohol read higher than they are.

What Lawyer?
Yes, you need an experienced California DUI lawyer if you want to win. While “winning” may seem difficult, remember that you are innocent until proven guilty. Defending yourself or using a court appointed lawyer rarely works out. You don’t know DUI laws as well as a professional, and a court appointed lawyer has no real incentive to help you win. If you want someone experienced in DUI law, who wants to help you beat the charges, and who can educate you on the process, you need a professional California DUI lawyer.

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Did you know a DUI can stay on your record for life? Yes, a single criminal charge such as a DUI can be on your legal records forever. That makes preparing an effective defense crucial. If you plead guilty, a big mistake, you are accepting that employers, colleges, the military, and more can find this on your record. If you decide to join the army, for example, on their background check your criminal charges, including DUI, will be found. This can have life changing consequences.

Why is it like this?
DUI is a criminal charge. Though seen as commonplace to some, it can change your life. The problem is that drinking and driving leads to thousands of deaths every year (about 10,000, in fact), where people who drink drive, crash, and deaths are involved. You might hit a pedestrian, hit a parked vehicle, even hit a vehicle with children in it. And the deaths are only the beginning. There are even more injuries – to drunk drivers and others – than deaths. That makes the reason a DUI stays on your record clear.

What if you are not guilty?
If you are not guilty, you need to plead your case in court. Many consider pleading guilty, even if they don’t believe they were over the limit. Since breath and blood tests are not 100% accurate, you need to question the case made against you. You may have in fact been under the limit for drinking. Even if you believe you are guilty, by pleading guilty you ensure this will be on your record forever. If you are not guilty, the most important step to take is hiring a lawyer.

Where can you find a lawyer?
You should find a lawyer capable of defending you who is local and won’t charge you a fortune, which is very possible. Since state laws differ, you want a local lawyer who understands the laws and has experience. Some DUI lawyers are more expensive than others. Few of us can afford to spend $25,000 on a defense.

How can a lawyer help?
A lawyer can question the entire case made against you. Likely, your lawyer will advise you not to plead guilty. If you plead guilty, as noted, it will stay on your record. Quite often, an effective defense can be made. It doesn’t always mean you’ll win; sometimes you’ll only lessen penalties. But a lawyer protects your legal rights more than anyone else.

Can you get it taken off your record?
You might be able to have a lesser charge show up on your record – rather than a more serious charge – with an effective defense. Though rare, you might also be able to have the entire case expunged from your record, so it will not show up for potential employers and institutions. This is impossible without an experienced lawyer.

In the midst of the confusion following a DUI charge and/or conviction, many people are unaware that their records will be altered. Having DUI records in your background can affect your life in many ways, even years after your conviction. Understanding what can happen to your record is key and with the help of an attorney you may be able to resolve these issues.

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You were pulled over, arrested for a DUI, taken to jail, and your license was suspended. This happens every single day in the state of Michigan. Why has your license been suspended? What can you do to get it back? And who can help? This guide answers these and many more DUI questions related to getting your license back.

Why a Michigan license suspension?
Michigan is different than other states simply because each state has similar but somewhat different drinking and driving laws. Some call it a DWI, others OWI, while most call it a DUI. Some will suspend your license longer than others. Some may charge you with an aggravated DUI for being far over the limit or for drinking and driving multiple times. The reasons for each state law are pretty much the same: those who drink alcohol or abuse drugs and drive are dangers  on the road. Across the country, drinking and driving is a leading cause of traffic deaths.

You were charged because of this, because it’s so dangerous to mix alcohol or drugs and driving.

How can you get your license back after a DUI?
If you only have one DUI violation, getting your license back is much easier than if you are a habitual often. For most, you will apply for a general reinstatement. If it involves drugs, it will be a reinstatement for a drug crime, and if you are a minor it’s also different. The point here is that first time offenders can and often do get their licenses back. You have to wait until your suspension is over, you go to the  Michigan Secretary of State office, and apply for reinstatement.

What if you are charged for multiple drinking and driving violations?
If you have been repeatedly caught drinking and driving, you have to go the the Driver Assessment and Appeal Division (DAAD), who will review your case. You will have to prove your alcohol or drug problem is gone, that you won’t repeat the offense, and that you want to follow the laws. If your license is revoked, it can take much more time and legal work to get it back.

How much will it cost?
A general reinstatement fee for a suspended license is only $125. If you want your license back after a drug crime, that fee is $250, and the same for a minor in possession (MIP). Your lawyer fees, and you should get a lawyer, will cost some money too.

Who can help?
Getting your license reinstated for a one time alcohol or drug offense is often fairly simple. You have to pay a minor fee and can move on. However, to represent your interests in court, you need a professional lawyer. An experienced Michigan DUI lawyer is very important if you’ve been caught multiple times drinking and driving. You can expect penalties far beyond simple license suspension, including fines, jail time, and probation. A lawyer’s job is to lessen penalties, if not remove them, and help you move on with your life.

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What happens in a DUI trial? Most DUI cases do not go very far in trial. Usually, a guilty verdict is made, and the case is turned over to sentencing. Other times, you might get a plea bargain with the prosecution, though these are rare in DUI cases.

It’s not just a guilty plea or a plea bargain because the defendant is always guilty. Just because most plea guilty to a DUI charge does not mean you have to. You have rights, and you’ll have your day in court. But what really happens?

First of all, this a criminal trial, and the penalties can lead to misdemeanor or felony charges. In criminal cases, a judge and jury can hear the case, though jury trials are less common in DUI cases. The prosecution – in other words the state prosecutor – will be trying to prove you are guilty of drinking and driving, or using substances and driving. You and your lawyer will be saying there is doubt in this case, that there should be no punishment or punishment should be limited.

You need a DUI lawyer unless you are a DUI lawyer yourself. Even if you are a lawyer, and have court room experience, DUI law is too complex to be done by yourself. You also have the option of using a court appointed attorney; unless you plan on pleading guilty, this is a bad option too.

The first step in the case is choosing a jury. You have a right to a jury, but in some cases you may prefer a judge; your lawyer can help with this situation.

Make sure your lawyer has court room experience. For one, both sides will be trying to choose a jury who will help their case; someone who was hit by drunk driver, for example, may not be the type of juror you want as a defendant.

Next you have the opening statements, witness testimony,  and cross examination. Here your lawyer will earn his or her money, making the case that you are innocent, questioning things like the validity of the breathalyzer tests or the arresting officer’s conduct. A witness or expert can often make or break a case. In cases where something occurred upon the arrest which was wrong, a witness can be brought. If the BAC (blood alcohol content) test was questionably administer by the arresting officer, an expert may cast doubt on the charges.

After your lawyer makes his or her final argument, a jury will go into deliberation and decide whether you are guilty or not guilty, as well as what penalties you should face.

This process can sound like reading a different language. Unfortunately, it’s not as easy as you see on TV, and unless your lawyer can prove your innocence clearly, most DUI charges lead to some penalties. That makes hiring the right lawyer very important.

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You have three options when it comes to DUI defense: representing yourself, using a public defender, or hiring an experienced DUI attorney. Is representing yourself a good idea in some cases, such as when you can’t afford a lawyer? What can a public defender do to help your case? Your final option, hiring an experienced California DUI attorney, also has many common questions. This guide answers these questions and offers some key tips on defending a California DUI.

Representing Yourself
Unless you’re an experienced DUI lawyer, there are rare if any moments where you should represent yourself in a California DUI case. Why? You won’t know the first thing to do. You won’t understand how to present your case, how to call witnesses, what your legal options are, if you should accept plea bargains, not to mention how to construct your defense. If you are a DUI lawyer, you can effectively handle your case. If you aren’t, you need to hire a California DUI lawyer.

Public Defender
Public defenders, while a better option than representing yourself, are also secondary to hiring an experienced California DUI lawyer. This is because they simply do not have the time to handle your case effectively. It’s also because once you get one, you have no other options. You can’t just fire your public defender and get a new one.

Public defenders don’t have the time to handle your case, do not have the resources to help you win, and are not chosen by you (instead chosen at random). In some cases, you may make too much money to hire a California public defender anyways. But the final option is the best in any case.

Hiring a Professional California DUI Lawyer
While hiring your own lawyer is the best step, there may be some problems. If you hire one for a cheap fee, they could spend about as much time as your public defender. They could accept any plea bargain the prosecution offers so they can move on to their next case. Yes, this is a business, and unfortunately it’s not cheap to win. However, consider the penalties involved if you plead guilty to a California DUI or if you lose. Your license will be suspended, you will be fined, you will likely face jail time, and you’ll be  on probation. Depending on how much you want to avoid these penalties, you can likely see how paying more can lead to better results. You don’t want a cheap doctor to operate on your heart, and you should be willing to pay a lawyer to help you win.

If you want to win your case, you will have to pay for it. And winning is not necessarily “winning.” Your DUI lawyer will be trying to at the least lessen your penalties. If this is your second or third DUI, where you potentially face felony charges, this is quite important. Even for first time California DUI offenders, winning sometimes means negotiating. In some cases, you can beat the charges entirely.

The point of all this is to help you consider your options. While you may have to use a public defender, if at all possible at least query some experienced California DUI lawyers. And never represent yourself.

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California drunk driving laws define “driving under the influence” or DUI as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. San Jose drivers can also be arrested if they are operating a motor vehicle with a BAC (blood alcohol concentration) of 0.08% or higher. San Jose drivers under the age of 21 can be arrested and charged with DUI if their BAC is 0.02% or higher. Drivers with a BAC over the legal limit do not have to show signs of mental or physical impairment to be arrested. San Jose police officers can establish probable cause for a driver’s arrest through observation, chemical tests (blood, breath or urine) or through a field sobriety test.

Hiring a San Jose DUI Lawyer

Drivers who are arrested for DUI must be proven guilty beyond a reasonable doubt. If the arresting officer did not have probable cause to stop the driver or the chemical test was not performed properly, the evidence can be challenged. DUI law can be complicated, and it is important to find a California criminal defense lawyer who specializes in defending DUI cases. A San Jose DUI attorney can help any driver who has been arrested in Santa Clara County or through out Northern California. Does the California attorney you are considering have the right experience, knowledge and training to defend you against your DUI charge? You do not have to fight this charge alone; San Jose DUI lawyers can help.

San Jose DUI penalties

First DUI Conviction in San Jose

San Jose drivers can receive a variety of penalties for their first DUI arrest including:

·         Required jail stay for a minimum of 48 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1400 – $1800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days. The court may allow certain fines to be discharged by performing community service

·         The courts will require the San Jose driver to complete a 3-6 month drug and alcohol program

·         The San Jose driver’s license will be suspended for 10 months but the court may allow a restricted license for travelling to work or school

Second DUI Conviction in San Jose

·         Required jail stay for a minimum of 96 hours

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The courts will require the San Jose driver to complete a 18 month drug and alcohol program

·         A driver’s license will be suspended for 18 months but the court may allow a restricted license for travelling to work or school after 12 months

Third DUI Conviction in San Jose

·         Required jail stay for a minimum of 120 days

·         Required probationary period of 3 to 5 years

·         Required to pay fines ranging from $1800 – $2800 (and additional court fees) The DUI fines can be financed but must be paid with in 45 days.

·         The San Jose driver’s license will be suspended for 18 months to 3 years

·         The San Jose driver must install an Ignition Interlock Device on their car

If you have been arrested for DUI in San Jose, California, it is important to find a San Jose DUI lawyer who can help you establish a successful defense against your drunken driving charge. No DUI attorney can guarantee success, but choosing a skilled and knowledgeable DUI lawyer is the first step to protect your self. Do not plead guilty with out consulting a San Jose DUI attorney and finding out what DUI penalties you may receive and the legal defenses which may be available to you.

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Have you been arrested for DUI in Seattle? Did you refuse to take or fail a field sobriety test? If the answer to any of these questions is yes, you may need the help of a Settle DUI lawyer. Field sobriety tests are a valuable tool for Seattle law enforcement officers and are standardized tools to detect drivers who are driving under the influence of drugs or alcohol (DUI) or who have consumed alcohol and reached the illegal blood alcohol concentration (BAC) level but continue to drive.

States have a variety of names for drunken driving. Some states refer to it as DUI (driving under the influence) and others call it DWI (driving while impaired or intoxicated) or OUI (operating under influence). Regardless of the name, it is illegal in all states to operate a motor vehicle if you are unable to drive safely.

The National Highway Traffic Safety Administration (NHTSA) standardized the field sobriety test in the late 1970s, and today the test is comprised of three components: the horizontal gaze nystagmus, the walk and turn test and the one leg stand test. Police officers do not always use the field sobriety test evidence in court, but it is one tool an officer has to establish probable cause for a DUI arrest in Seattle. Evidence can also be gathered through observations of the Seattle driver’s driving and a chemical test of the driver’s blood, urine or breath.

Unfortunately, although the field sobriety test can be a great tool for gathering DUI evidence, it also is a subjective assessment of a driver’s condition and may not always produce conclusive results. Drivers who are fatigued, over-weight, aged or on other medications may not always perform the tests successfully.

Hiring a Seattle DUI lawyer

DUI attorneys in Seattle can review the field sobriety test results and other evidence gathered by the arresting officer to determine if the officer performed the test correctly and had enough evidence to arrest the driver for DUI. Seattle DUI lawyers defend hundreds of drivers each year and can answer all of the driver’s Seattle DUI questions and explain the potential DUI penalties drivers may face if they are convicted of DUI in Seattle.

Drivers may refuse to take a field sobriety test in Seattle, but whether or not that is a good idea can depend on a variety of factors. Police officers may not need to complete a field sobriety test to have probable cause to arrest a driver. Drivers who are arrested for DUI in Seattle may be required to submit to a chemical test of their blood, breath or urine. Under Washington’s Implied Consent Laws if a Seattle driver refuses to take the chemical test it can result in the immediate suspension of their driver’s license. This suspension may or may not be successfully challenged through an administrative hearing. Call a DUI lawyer in Seattle for more information about your DUI arrest.

Horizontal Gaze Nystagmus

Seattle police officers may use the HGN or horizontal gaze nystagmus to measure the rapid or involuntary movement of the driver’s eyeball. Scientific studies have proven that consuming drugs or alcohol can affect the ability of the brain to control the muscles in the eye. If the driver is unable to follow the movement of a flashlight or pen with a controlled, coordinated movement as it is slowly moved horizontally across the drivers face, it could be an indication they are intoxicated. Bouncing and jerking motions of the eye can be one side-affect of consuming alcohol or drugs. Seattle drivers who have taken certain medications or who have a congenital eye defect can also have reactions to the HGN test which mimics the reaction of consuming alcohol or drugs.

Walk and Turn

We have all seen the person on the side of the road walking a real or imaginary line, but what are they doing and why has the officer asked them to perform the walk and turn test? The officer is testing the driver’s coordination and balance and their ability to perform multiple tasks simultaneously. The walk and turn test requires the driver to take 9 steps with their hands at their sides and their feet stepping heel to toe. If the driver sways, falls or has to use their hands to balance themselves, it could be an indication that they are DUI.

Prior to the test, it is important for Seattle drivers to remove uncomfortable footwear, such as high heals, and complete the test on a dry, flat surface. Seattle officers should also give clear directions before the walk and turn test is begun.

One Leg Stand

Can a driver balance on one leg, their foot raised off the ground approximately 6 inches and count to 30? If not, it could be an indication they are intoxicated. Drivers can fail the one leg stand test if they fail to maintain balance, fall, shift, lose count or have to use their arms to balance themselves. The NHTSA estimates if this test is done correctly the accuracy rating can be as high as 83%.

A field sobriety test is a good tool and it can provide valuable evidence to Seattle law enforcement officers. Evaluating the results of the test is a subjective process, and Seattle officers can make mistakes. If you have failed a field sobriety test, contact a Seattle DUI lawyer.

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Oakland law enforcement officers, like other officers across the state of California, use field sobriety tests to help determine if drivers are intoxicated or driving under the influence of drugs or alcohol (DUI). Field sobriety tests results are not always used in court to convict a defendant of DUI, but they are used to provide probable cause for a DUI arrest.

Field sobriety tests were standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute. The standardized test is comprised of three testing components: the horizontal gaze nystagmus test, the one leg stand test and the walk the line test. These tests have been scientifically proven to provide evidence of intoxication.

All states, including California, have made it illegal for drivers to operate a motor vehicle if their BAC or blood alcohol concentration is 0.08% or higher. Oakland drivers may also be charged with DUI or driving under the influence of drugs or alcohol if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Oakland officers who witness any type of illegal or erratic driving actions and have probable cause to believe a driver is intoxicated have the legal authority to stop the driver and ask them to submit to an Oakland field sobriety test.

Hiring an Oakland DUI Lawyer

Drivers who have failed a field sobriety test in Oakland, California, should contact an Oakland DUI lawyer. DUI lawyers in Oakland can help the driver potentially get their DUI charges reduced or dismissed. If a dismissal is not possible, a DUI lawyer may be able to negotiate a more favorable DUI sentence. DUI attorneys can build solid DUI defenses for their Oakland clients and help their clients avoid high fines, probation and potential jail sentences. Oakland DUI attorneys can not guarantee a dismissal, but they can provide professional, affordable DUI help.

Horizontal Gaze Nystagmus

The horizontal gaze nystagmus test allows the police officer to test the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball.”  To test the nystagmus the officer will move an object, generally a pen or small light, in front of the driver’s face and ask them to follow the light with out moving their head. Intoxicated drivers are less able to control their eye movements and their eyes generally have an exaggerated or jerking motion as they track the object. Sober drivers are generally able to track the light with a slow coordinated motion, unless they are taking certain types of medication, have neurological issues or have a congenital eye defect.

Walk and Turn Test

The walk and turn test has been developed to test a driver’s ability to perform a variety of simple tasks which most sober drivers can easily do. Drivers are asked to stand straight, face forward and walk heel to toe for 9 steps, turn and walk back. Can the driver stand straight and walk down the line with out falling, swaying or using their arms for balance? Did the driver follow directions? Did the driver walk heel to toe? The officer will evaluate each of these elements of the test. Multiple failures can be an indication of intoxication. Prior to the test, the Oakland officer should allow the driver to remove uncomfortable footwear, give clear instructions and make sure the test is performed on a solid, dry, flat surface.

One Leg Stand Test

The one leg stand test is similar to the walk the line test. It also measures the ability of Oakland drivers to complete a series of simple tasks. Oakland drivers are asked to stand straight, their arms to their sides and their face forward. The driver must raise one of their feet approximately 6 inches from the ground and count for 30 seconds aloud. Swaying, falling, losing count, or using their hands for balance is not allowed. The officer will track all testing failures. Multiple failures can be an indication of intoxication.

Refusing a Field Sobriety Test in Oakland, California

Can Oakland drivers refuse to submit to a field sobriety test? Yes, it is legal, but officers may have enough evidence of DUI with out the results of the test and decide to arrest the driver anyway.

Under California’s Implied Consent Laws, Oakland drivers have given their “implied consent” to submit to a chemical test of their breath, blood or urine if asked to do so by an Oakland police officer. Drivers who refuse to submit to a chemical test may have their California driver’s license immediately suspended. License suspensions can be challenged by filing an administrative appeal with in specified number of days from the DUI arrest.

If you have failed a field sobriety test in Oakland, California, or if you have refused to take a chemical test and need help filing the license suspension appeal paperwork, contact a DUI lawyer in Oakland. DUI attorneys in California can make sure you get the help you need and get you back on the road as soon as possible.

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