Reader’s Question:
I know some people who have been arrested for DUI here in Alameda, California and some of them claim that they are innocent. How would a police officer claim that a driver is under the influence?
Hope
Alameda, CA
In a DUI investigation in Alameda, California, the police officer usually claims that the DUI suspect “performed poorly” or “failed” the field sobriety tests and the handheld breath test indicates that the driver’s blood alcohol level was above the legal limit. Based on this, the officer would “form an opinion” that the driver is under the influence or the driver’s ability to drive a motor vehicle safely is impaired. After this, the officer would arrest the driver and take him/her to the police station (or hospital) for a chemical test.
The driver suspected for DUI would choose between a breath test and a blood test. The state of California has an “Implied Consent Law” that says that a person who is arrested lawfully for DUI should submit to one of these tests. A refusal could subject the DUI suspect to stiffer court penalties and possibly a one-year (or longer) driver’s license suspension. If the driver chooses a blood test, the blood sample would be forwarded to a crime lab for analysis. If he/she chooses a breath test, the officer would see the blood alcohol content reading immediately after the driver blows twice into the breath test machine. The officer sometimes tells the DUI suspect of the result, sometimes not.
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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.
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