Attorney in Los Angeles County, California
The entire process—from getting pulled over and field sobriety testing to your arrest and release from custody—can happen very quickly. This is why it is important to document as much as you can about what happened throughout the entire process. Write down as much as you can remember, including:
What happened when you were pulled over,
What the police officer said to you,
What the police officer said about field sobriety tests, and how they were conducted,
What the police officer said about a preliminary alcohol screening test (breathalyzer) OR PAS
What happened during the arrest, and transportation to the police station,
What the police officer said about providing a blood test vs. a PAS breathalyzer, and
How the officer conducted the chemical breath test.
Were you asked to do the field sobriety tests?
In California, there are three main tests that are given at a DUI stop to ascertain or determine intoxication are:
The eye test (horizontal gaze nystagmus)
The walk and turn
The one leg stand
You would be amazed at the number of clients who fail these for other reasons than intoxication, for example:
Shivering from the cold.
Extreme darkness when tests administered (unable to see-flashlight in eye).
Gravel on the pavement which interferes with the test.
And there are others! What was your experience?
Tell Us Your Version of The Events in The Box at The Bottom of The Page!
All these tests can be refuted at trial. My job as your lawyer is to get to the bottom of all these tests by investigating the facts and going through all of the discovery and bodyworn AXON video.
All this information may be useful for exploring the defenses available to you in your administrative license hearing and in your criminal case. Even though police officers conduct DUI stops all the time, they still make mistakes, or take shortcuts which violate your rights. An unconstitutional traffic stop –meaning, the reason for the stop was not valid or constitutional and as such was illegal. Anything that derives from an unconstitutional stop is “fruit of the poisonous tree.”
Do not give a statement without an attorney present! Especially if you are tipsy, you may inadvertently give a confession! If you give a statement and were not Mirandized, that statement will be thrown out as being in violation of your 5th Amendment Right to an attorney!