How did I do on
those
field
sobriety tests
after I have a DUI in
San Diego?
DUI evidence falls into five categories:
-
Driving symptoms (weaving, lane straddling,
etc.)
-
Personal symptoms (slurred speech, bloodshot
eyes, etc.)
-
Field sobriety tests ("walk-the-line",
reciting the alphabet, etc.)
-
Incriminating statements ("I only had six
beers")
-
Blood-alcohol evidence - Usually a breath
test but sometimes a blood test. (Urine
tests are now given in California only when
breath or blood are not available.)
Procedurally, you should be aware of certain
legal rights you have -- rights which are
commonly ignored by the police:
-
There must be legally sufficient facts to
constitute "probable cause" to stop, detain
and arrest you.
-
You should be advised that submission to
field sobriety testing and portable field
breath testing is not required by law.
-
Once arrested, you must be advised of your
constitutional rights — the "Miranda"
warning — before any further questioning
takes place.
-
You must be given a choice of breath or
blood testing; if you refuse, you must be
advised of the legal consequences (the
"implied consent" advisement).
-
If a breath test is administered at the
police station, since the breath sample is
not saved, you must be given a chance to
obtain a blood sample for later independent
testing by your defense attorney.
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