Free DUI Lawyer In California

Reader’s Question:

Field sobriety tests on DUI suspects are so popular that they sometimes show it on TV as bloopers. But seriously, why are these tests called divided attention tests and is there an incidence here in Antioch, California that a person who was really drunk has passed more than one of the field sobriety tests?

Cain

Antioch, CA

Field sobriety tests (FST’s) are categorized as standardized and non-standardized. Standardized FST’s are those commonly used by police officers in a DUI investigation and are approved by the National Highway Traffic and Safety Administration. As we may all understand, standardized FST’s are psychophysical tests that require assessment of a DUI suspect’s appearance and condition, ability to follow instructions, as well as balance and coordination. These tests are often called Divided Attention Tests because they require the DUI suspect to concentrate on more than one thing at a time. He/she would have a divided attention between mental and physical tasks.

There may be an incidence already in Antioch, California that a person who was really drunk has passed more than one of the standardized FST’s but according to studies, a person who is under the influence of alcohol may perform one of the standardized FST’s but rarely more than one. If a person is under the influence of alcohol, he/she is likely to make certain predictable mistakes while attempting to do the FST’s.

Reader’s Question:

I was arrested and charged with DUI last week. I have already consulted with a California DUI lawyer but I would still need to get some clarifications. The arresting officer used a device called ‘HawkEye’ to record my eyes. Can they use this in court?

Robin

San Diego, CA

HawkEye is equipped with a wireless microphone which uses infrared lights to transfer the images of the eyes to a laptop computer. In the state of California, the Highway Patrol has been using Hawkeye for three years to train cadets in West Sacramento but it is not used in the field there. They use it only to show to cadets what to look for when evaluating the appearance and movements of a DUI suspect’s eyes.

All suspects have pleaded guilty to DUI when the device has been used in field trials so the HawkEye technology has never been used in court. Prosecutors are cautiously optimistic about the new technology but realize that it will take time before it is deemed reliable and accurate evidence.

Blood tests and breath tests are already admissible in court so California DUI defense lawyers say the HawkEye evidence are simply “pictures” and will add nothing to a case against a person charged with DUI. Moreover, a DUI lawyer said that there is an open door for arguments about how the officer conducted the test and if it was done properly since HawkEye only records the suspect’s eyes and not the officer’s actions.

When you come up with your fee agreement with your San Francisco California DWI lawyer, there will usually be a section in there which concerns what your responsibilities concerning the case are. In this area, you will usually find that you are responsible for providing any information you receive about the case, as well as what you know about the events and how they happened, and any evidence you know. The evidence is key, because certain kinds of evidence can have a big impact on your chances. Here are the kinds of evidence you should consider.

First of all, remember that you have the right to remain silent, so whenever you are pulled over pretty much the only information you have to give is your license, registration, and insurance–and this applies to any case, not just drunk driving. However, if the officer asked you how many beers you had drunk, and you replied with something more than “just one”, then you’re lawyer will have a tough time.

For those who choose not to make this revelation, there may be other ways of guessing you are drunk. For example, your driving can indicate that you aren’t in your right mind, as can your appearance and your voice. They will subject you to a couple of tests, like walking in a line, and in some cases they will give you a blood test when they arrive with you at the station.