Category «DUI Investigation»

Non-Standardized Field Sobriety Tests

Non-Standardized Field Sobriety Tests

Police investigating a driver for Driving Under the Influence (DUI) in California usually conduct field sobriety tests before arresting the driver. These “tests”,  which usually take place along a busy street or freeway with cars speeding past, shouldn’t even be called tests, because they’re designed to be failed. Their real purpose is to establish probable …

Standardized Field Sobriety Tests

Standardized Field Sobriety Tests

Police officers investigating a driver for DUI / DWI in California typically administer a field sobriety test before taking the driver into custody. These “tests”, which are usually conducted next to a busy street or freeway, aren’t really tests at all, because they’re designed for failure. Their true purpose is to create probable cause to …

Field Sobriety Tests

Field Sobriety Tests

Field sobriety testing is vitally important for both the prosecution and defense in a DUI arrest and prosecution. Field sobriety tests are divided-attention tests, which are designed to test for both mental and physical impairment. Prosecutors will attempt to show that any variation between the manner in which the officer explained and demonstrated the tests, …

Per Se Law as an Element of a California DUI / DWI Case

Per Se Law as an Element of a California DUI DWI Case

Many drivers accused of DUI / DWI in California are charged with violating the state’s “per se” laws in addition to being charged with driving under the influence. Per se is just another way of saying that someone arrested for drunk driving is accused of having a blood-alcohol level higher than allowed – in California, …

Under the Influence as an Element in a California DUI / DWI Case

Under the Influence as an Element in a California DUI DWI Case

In any California drunk driving case, a motorist usually will be charged with violating two different laws. He or she will be accused of driving under the influence of alcohol (DUI), but will also be charged with violating the “per se” laws. There are important distinctions between the two in the context of a drunk …

The Vehicle as an Element of a California DUI / DWI Case

The Vehicle as an Element of a California DUI DWI Case

In order to obtain a conviction in a criminal case, a prosecutor must prove each and every element of the crime beyond a reasonable doubt. In the case of DUI / DWI or drunk driving, the prosecutor must prove that the motorist was driving a vehicle under the influence of alcohol or other drugs, or …

Drunk Driving as an Element of a California DUI / DWI Case

Drunk Driving as an Element of a California DUI DWI Case

One of the key elements in a California drunk driving arrest is whether or not the accused was actually driving at the same time they were drunk. These issues relating to driving most often arise where a person is found asleep behind the wheel of a car on the side of the road. There are …

Elements of the Offense in a California DUI / DWI Case

Elements of the Offense in a California DUI DWI Case

In order to be convicted of Driving Under the Influence (DUI), the prosecutor has the burden of proving his or her case beyond a reasonable doubt. If the prosecutor’s case is not 100 percent free of reasonable doubt, the accused motorist is entitled to a judgment of not guilty. This standard, the requirement of proof …

Driving Under the Influence (DUI) Investigation

Driving Under the Influence (DUI) Investigation

Driving Under the Influence (DUI) investigations are begun for many reasons. A police officer may see a driver drift between lanes, or exhibit other driving patterns associated with DUI. A motorist may be stopped for a traffic violation that initially has nothing to do with drunk driving, such as expired registration tags or speeding, and …

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