Category «DUI Investigation»

Legal Challenges to Sobriety Checkpoints

Legal Challenges to Sobriety Checkpoints

Although it is well-established law that unreasonable searches and seizures are prohibited by the Fourth Amendment, courts have ruled that sobriety checkpoints are lawful if they are conducted within certain guidelines. In order to be constitutional, DUI / DWI sobriety checkpoints must follow specific protocol set forth by the U.S. Supreme Court and the California …

Legal Requirements of Sobriety Checkpoints

Legal Requirements of Sobriety Checkpoints

Police conducting sobriety checkpoints must follow strict criteria laid out by the California Supreme Court in the landmark case Ingersoll vs. Palmer. If police do not follow the protocol described in Ingersoll, the checkpoint is not lawful, and any evidence gathered during a drunk driving arrest may not be admissible in court. A California attorney …

Sobriety Checkpoints: Stopping Drivers Without Probable Cause

Sobriety Checkpoints Stopping Drivers Without Probable Cause

Many a driver arrested on suspicion of DUI / DWI at a sobriety checkpoint asks “How could the police stop me without probable cause?” It’s a fair question, but the courts have given a certain amount of leeway to conduct sobriety checkpoints, as long as certain criteria are followed. An experienced California drunk driving attorney …

Sobriety Checkpoints

Sobriety Checkpoints

Sobriety checkpoints are temporary roadblocks on public streets or roadways designed to snare drunk drivers and cite others for violations of the vehicle code. The courts have established strict guidelines to govern the operation of sobriety checkpoints. Anyone arrested for DUI / DWI at a sobriety checkpoint should contact an experienced California attorney who specializes …

What is a Refusal?

What is a Refusal

When a driver is arrested on suspicion of DUI / DWI, he or she is required to provide a sample of their blood or breath for testing for alcohol content, or a sample of blood or urine if they are suspected of driving under the influence of drugs (DUID). This is called the “implied consent” …

Alcohol and the Human Body

Alcohol and the Human Body

When it comes to fighting a DUI / DWI, it’s helpful to know how alcohol affects the human body. Although everyone metabolizes alcohol differently, depending on weight, gender, metabolic rate, and other factors, the central processes are the same for everyone. With knowledge of how alcohol metabolizes in the body, a California lawyer who specializes …

Urine Testing

Urine Testing

When a driver is arrested on suspicion of DUI / DWI, police conduct a chemical test to measure the driver’s blood alcohol content (BAC). The three chemical tests available are blood, breath, or urine testing. Urine testing has a wide array of problems and legal challenges because urine tests are considered the least reliable of …

Blood Tests

Blood Tests

When a driver is arrested on suspicion of drinking and driving, police conduct a breath or blood test to determine the motorist’s blood alcohol content (BAC) to determine whether it’s over the legal limit – now .08 percent in all 50 states. Although police and prosecutors consider blood tests to be potent evidence in a …

Evidential Breath Testing

Evidential Breath Testing

Motorists arrested for DUI / DWI, driving under the combined influence of alcohol and drugs, or any drinking and driving offense are offered a choice of an evidential breath test or a blood test. (When motorists are arrested for DUID – driving under the influence of drugs – they will be offered a choice of …

Roadside Breath Testing

Roadside Breath Testing

Many DUI / DWI arrests involve roadside breath tests, which are designed to measure a driver’s blood alcohol content (BAC). Although prosecutors point to Preliminary Alcohol Screening (PAS) test results as damning evidence in drunk driving cases, in truth these tests are far from ironclad, and can often be successfully challenged in court. An experienced …

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