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Understanding the DUI maze
With Memorial Day just having passed, you probably became aware of more patrol cars out on our streets and highways. Driving under the influence of alcohol or drugs (“DUI”) is a crime that touches all economic, social or racial lines. As one attorney stated in an article about the subject, “95% of my clients are soccer moms and Little League dads.”
Criminal defense lawyers will be asked 2 questions from people they meet about defending DUI clients. The first is often asked angrily: How can you defend these people? The second is usually posed in a lower voice: What should I do if I’ve been drinking and get pulled over?
The first suggestion is a common sense response. Be courteous and respectful. When asked questions by the police, be brief in your responses. They will use the same language in their reports such as “the driver was emitting alcohol from his/her breath and speech was slurred. Therefore, the less you say, the less you reveal.
If you are involved in a DUI investigation, are you required to provide a chemical test? Yes, in California and in most states, you agree to comply with the DMV requirements when you apply for a driver’s license. If you refuse to provide a breath or a blood test, an added criminal charge will be added and could increase the penalties.
The field sobriety tests “FSTs” are the physical tests generally provided out in the field to assists the police to either affirm or disaffirm that the driver is under the influence of alcohol, drugs or both. These tests can be denied. I realize that this may appear to be against my prior advice which is to comply and be respectful. But unlike the chemical test, you are not required, to complete the FSTs such as the “walk and turn” or the “one leg stand.”
Prior to any FSTs or chemical tests, the police will ask you questions. The police are trained to conduct a very detailed DUI investigation. The questions will be to elicit your responses in areas such as your medical condition: Are you sick or injured? Are you diabetic or epileptic? Do you take insulin? Do you have any physical impairment? Are you under the care of a doctor or dentist? Have you taken any medication? Your driving will be an issue and questions such as: Where did you start driving? Where were you going? Do you know of anything mechanically wrong with your vehicle? You will be asked to disclose if you have been drinking: What have you been drinking? How much? Time started? Time stopped? Location where you were drinking?
You are probably wondering why the above questions and observations are critical. It is critical for both the prosecutor and the defense. The police are trained to elicit certain responses and to complete a series of physical and chemical tests both on the road and in the station. Each level of investigation is closely scrutinized. If one level is not properly conducted, it may be a loophole which allows the defense to allege that the results are inaccurate.
DUI investigations are highly technical and because of this, procedures must be strictly followed. Any sort of deviation may allow the defense a “point of attack.” An effective and experienced criminal defense attorney will be able to review the police reports and relevant documents to see if the prosecution has a weak case and if so, requests a dismissal or a reduction of the charge.