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Our Orange County DUI Defense Attorneys understand how frustrating it can be to be arrested during a DUI Sobriety Checkpoint. Because of this, we have compiled all the announced checkpoints that are scheduled to occur all throughout California. While most checkpoints are announced prior to their commencement, many are kept secret until just hours before they are to start.
To stay safe, designated a safe driver or hire a taxi if you plan on going out this weekend. Contact our Orange County DUI Lawyers if you are arrested during a DUI sobriety checkpoint; we have the experience and knowledge to handle your case and will ensure that you receive the best possible representation available.
Friday 9/9
Fortuna: 9pm - early morning - 500 block of S. Fortuna Boulevard
Lynwood: 6pm-2am - undisclosed location
Modesto: 10pm-3am - city limits, undisclosed location
Pacifica: 7pm-1am - city limits, undisclosed location
Sacramento: 8pm - early morning - 5th Street & L Street
Ventura: 8pm-3am - undisclosed location
Saturday 9/10
Buellton: 5:30pm - 11:30pm - undisclosed location
Rancho San Diego: 7pm-1:30am - undisclosed location
Santee: 8pm - 3am - undisclosed location
Monday 9/12
Costa Mesa: 6pm-12am - undisclosed location
Each weekend, arresting officers throughout California put together multiple DUI Sobriety checkpoints to protect the public and ensure that motorists are not driving under the influence. During these check points, officers look for signs of intoxication, will ask motorists to perform DUI field sobriety tests if they suspect drunk driving and will arrest anyone who's blood alcohol level is over the legal limit of .08%.
Around this time each year, California residents are able to enjoy their summers at the Orange County Fair. With something to do for everyone, including booths that sell alcohol for adults, it is the best place to be! If you are arrested during a DUI sobriety checkpoint or after leaving the OC Fair or any local bar, contact our Orange County DUI Defense Attorneys as soon as possible; we will answer any questions you may have and go over the details of your case.
Friday
Fortuna: 7pm-early morning - undisclosed location
Los Angeles: 8pm-2am - Florence Ave., between Main & Broadway St.
San Bernardino: 6pm-2am - undisclosed location
Tustin: 6pm-2am - undisclosed location
Ventura: 8pm-3am - undisclosed location
Victorville: 7pm-early morning - undisclosed location
Whittier: 7pm-3am - Lambert Rd. & Washington Blvd.
Saturday
29 Palms: evening - undisclosed location
Fortuna: 7pm-early morning - undisclosed location
Huntington Beach: 9pm-early morning - undisclosed location
Rancho Mirage: 8pm-2am - undisclosed location
If you are arrested during a DUI sobriety checkpoint in Orange County, our OC DUI Defense Attorneys should be the first call you make. Whether this is your first or subsequent DUI arrest, we will provide you with the legal advice that you need, answer any questions that you may have and represent you in both the DMV and criminal court hearings.
Being arrested during a DUI checkpoint can be quite stressful so our Orange County DUI Lawyers will make sure that the arrest was done in accordance to specific guidelines. If you are asked to perform DUI field sobriety tests, we will check to make sure that they were done correctly and help you get the best possible result from your specific case. Make sure you have a designated driver available or are able to hail a cab if you plan on driving this weekend as there will be several DUI checkpoints all throughout California, some of which have yet to be announced.
Friday:
Los Angeles: 6pm-1am - Imperial Highway, between Main St. & San Pedro St.
Los Angeles: 6pm-1am - Eastbound Florence Ave., between Western Ave. & Denker St.
Palmdale: 6pm-2am - undisclosed location
Salinas: evening - undisclosed location
Saturday:
The Fourth of July weekend was a maximum enforcement period for all available California Highway Patrol officers who were on the lookout for motorists driving under the influence.
All available officers were on duty to protect the public from drunk drivers starting around 6pm on Friday and going through midnight Monday. According to the OC Register, around 69 arrests were made for driving under the influence and one fatality, an accident that took the life of Leonardo Montes, 43, was reported. This year in Orange County alone, there were more DUI arrests than last year; during the same weekend in 2010, only about 51 people were arrested for driving under the influence.
Contact our Orange County DUI Defense Attorneys if you were arrested for an OC DUI offense. You have only 10 days to contact the DMV to request a hearing on the automatic suspension of your license; hire our OC DUI Lawyers today so that we can request and conduct the hearing on your behalf.
A teenage girl was arrested for driving under the influence of drugs after she failed to slow down when she approached a collision scene.
The 16-year-old driver was driving around 1am on Sunday morning when she failed to slow down when she approached a collision scene. The teen drove through a red light before stopping in the middle of the intersection. Once officers began to investigate, they found that the teen was driving on a provisional license and was violating a restriction not to drive after 11pm as well as found marijuana residue and glass smoking pipes inside the car. According to Mercury News, the girl was arrested after she failed sobriety tests at the scene, was cited and released to a guardian while her vehicle was towed.
If you have been arrested for a DUI with drugs or alcohol, contact our Orange County DUI Defense Attorneys today. We will answer any questions you may have, provide you with legal advice and represent you in both the DMV and criminal court hearings.
This weekend, DUI Checkpoints will be abundant all throughout California. The list below is designed to inform you of some, but not, DUI sobriety checkpoints that will be occurring. Although checkpoints are supposed to be announced prior to their commencement, oftentimes that arrested officials do not post the time and location until shortly before the check point is supposed to occur.
If you find yourself arrested for driving under the influence at a DUI checkpoint, contact our Orange County DUI Attorneys; we have the experience and knowledge to handle any type of DUI case and will provide you with the best possible representation.
Friday:
Coachella: 7pm-1:30 - undisclosed location
Tustin: 6pm-2am - undisclosed location
Loma Linda: 6pm-2am - Redlands Blvd.
Los Angeles: 8pm-3am - Florence Ave. & Broadway
Los Angeles: 8pm-2am - Figueroa St., between 8th and 9th St.
Rancho Mirage: 8pm-2am - undisclosed location
Santa Clarita: 6pm-2am - undisclosed location
Santa Rosa: 7pm-1am - undisclosed location
Whittier: 7pm-3am - Florence Ave. & Ringwood Ave.
Vallejo: 6pm-11am - undisclosed location
Saturday:
Palm Desert: 8pm-2am - undisclosed location
DUI Checkpoints are designed to protect both motorists and the general public from individuals who are driving under the influence. These DUI sobriety checkpoints are often funded by tax payers as well as state and federal agencies, so everyone is always eager to find out whether they are actually beneficial to the cities in which they are conducted in.
Just this week, a DUI checkpoint in Orange County screened around 700 vehicles, with over 1000 vehicles that actually passing through the check point. The checkpoint occurred in Costa Mesa on Bristol Street at Randolph Avenue near The Lab and The Camp which are two popular hangout locations for teens and adults.
Out of the 700 vehicles that were screened, only one motorist was arrested on suspicion of driving under the influence. Five individuals were asked to perform DUI field sobriety tests, 30 driver licenses were investigated, 10 vehicles were towed and 18 motorists received citations. According to the OC Register, one citation was given to the driver of a vehicle in which the passenger was seen throwing out a beer can as it approached the checkpoint; the passenger was subsequently arrested for an outstanding DUI warrant.
If you have been arrested for driving under the influence at a California DUI checkpoint, contact our Orange County DUI Defense Attorneys today. We will make sure that the checkpoint was done in accordance to specific DUI checkpoint guidelines to ensure that the arrest was done correctly.
Most Orange County DUI checkpoints are announced prior to their commencement as they often cause traffic delays in areas that are known for DUIs. A DUI checkpoint is specifically designed to ensure that motorists are not driving under the influence of alcohol and or drugs. During DUI checkpoints, officers look for signs of intoxication and have motorist perform DUI field sobriety test and take a breathalyzer test to check whether their blood alcohol content level is under the legal limit of .08%.
If you are in a DUI checkpoint, it is important to stay calm and listen to the officers. If you are arrested, contact our Orange County DUI Defense Lawyers immediately so that we can make sure that the stop and arrest was done in accordance to specific DUI checkpoint guidelines.
Check out OC DUI Checkpoints for DUI sobriety check points in Orange County and follow us on Twitter or Facebook!
Friday
Los Angeles: 8pm-2am - Santa Monica Blvd. between Purdue Ave. & Sawtelle Ave.
Ventura: 8pm-3am - undisclosed location
Saturday
Fontana: 6pm-1:30am - undisclosed location
Monday:
Costa Mesa - 6pm-12am - undisclosed location
Terry Alan Gray drove off of a highway late Wednesday night before he was arrested on suspicion of felony possession of a controlled substance, driving under the influence of a controlled substance and driving while addicted to a drug.
The 56-year-old Santa Rosa resident drove his Toyota Camry off of the roadway on Highway 29 before it hit a drain pipe and became stuck in the mud. According to the Napa Valley Register, officers observed signs of impairment and administered a DUI field sobriety test. Gary was then arrested and booked into the Napa County jail after officers discovered a controlled substance during a search of Gray.
If you were recently arrested for driving under the influence of alcohol and or drugs, contact our Orange County DUI Defense Lawyers as soon as possible.
Happy Memorial Weekend! If you plan on going out this weekend, please drink responsibly and have a designated driver on hand. Multiple cities up and down California will be conducting DUI sobriety checkpoints starting today through Memorial Day. Below is a list of a few CA DUI checkpoints but it is not a complete.
Contact our Orange County DUI Defense Attorneys if you are arrested during a driving under the influence checkpoint. We have handled all types of DUI cases and will provide you with the best possible representation.
Thursday
Lake Elsinore: evening - undisclosed location
Sacramento: 8 pm-evening - Fruitridge Rd & Menocino Blvd.
Yuba City: evening - undisclosed location
Friday:
Bakersfield: entire weekend - city wide
Canyon Lake: 6pm-2am - undisclosed location
Fortuna: 8:30pm -evening - 1300 block of Main St.
Laguna Beach: entire weekend - city wide
La Quinta: evening - undisclosed location
Los Angeles: 7pm-3am - Topanga Canyon Blvd. between Devonshire St & Chatsworth St.
Modesto: 10pm-3am - Roving DUI - undisclosed location
Moreno Valley: 6pm-11pm - undisclosed location
Newport Beach: entire weekend - city wide
Redlands: 10pm-3am - Orange St, San Bernardino Ave.
San Francisco: entire weekend - city wide
Santa Ana: 7:30-1am - 900 W First St. & Flower St.
Riverside: 6pm-12am - undisclosed location
Roseville: entire weekend - city wide
Salinas: evening - undisclosed location
San Marcos: 7pm-3am - undisclosed location
Ventura: 8pm-3am - undisclosed location
Victorville: 7pm - evening - undisclosed location
Wasco: 6pm-12am - undisclosed location
Saturday:
Arcadia: 6pm-2am - undisclosed location
Coachella: 7pm-1:30 - undisclosed location
Coronado: evening - undisclosed location
Imperial Beach: 7:30pm - 2:30am - 9th St. & Palm Ave
Los Angeles: 7pm-3am - Laurel Canyon at Paxton St. / Florence Ave. between Main St. & Broadway
Modesto: 9pm-3am - undisclosed location
Redlands: 10pm-3am - undisclosed location
San Jose: 9pm-3am - undisclosed location
Sunday:
Los Angeles: 12pm-8pm- Northeast area
Monday:
Fortuna: all day - city wide
Salinas: evening - undisclosed location
A new bill will emerge that will oblige police officers to stick to specific guidelines when conducting DUI sobriety checkpoints. Unfortunately, it seems as if DUI checkpoints, which are meant to catch those who are driving under the influence, are being used as a way to make more revenue while using tax payer's money to pay for the check point itself.
Although police officers know the guidelines that should be followed, they tend to make up their own rules. By doing this, officers are able to arrest and impound more vehicles than there are actually DUI offenders. In 2009 alone, 24,000 vehicles were impounded which is 7 times more than the 3,200 DUI offenders that were arrested.
This new bill will ensure that guidelines and procedures are followed. According to the Pasadena Star News, these guidelines will include: establish a neutral formula for inspecting motorists, use proper lights and warning signs, perform DUI checkpoints during appropriate times, notify the public of the DUI checkpoint 48 hours prior and refrain from impounding vehicles of unlicensed drivers.
If you are arrested during a California DUI checkpoint, contact our Orange County DUI Lawyers as soon as possible; we will investigate to make sure that the check point was done according to the specific guidelines and if we find a discrepancy, we will take it to court and get you the best possible result.
This weekend, multiple DUI Sobriety Checkpoints are scheduled throughout California. Although most checkpoints are announced prior to them being conducted, there may be additional stops that have not been noted below. During DUI checkpoints, officers look for signs of intoxication such as blurred vision, slurred speech or even the scent of alcohol and will request drivers to do DUI field sobriety test. If you are arrested at a DUI check point, contact our Orange County DUI Lawyers to find out how we can help you throughout your entire case. 
Friday:
Coachella: 5pm-1am - undisclosed location
Escondido: 6pm-12am - undisclosed location
Lompoc: 6pm-1am - undisclosed location
Los Angeles: 8pm-2am - Canoga Ave between Victory Blvd. & Burbank Blvd.
Sacramento: 8:30pm-early morning - Bruceville Rd &Imagination Parkway
Saturday:
Costa Mesa: 6pm-12am - undisclosed location
Los Angeles: 8pm-2am - Manchester Ave. between Main St. & Broadway
Andy Klein, 29, has been arrested for driving under the influence after pulling over on the side of the road to take a phone call.
At around 1:10am on Thursday morning, Klein, the vice mayor of San Carlos, was exiting the Interstate 280 when he received a phone call and pulled over. A San Carlos sheriff's deputy noticed the vehicle and proceeded to stop and see if the driver needed any assistance; upon speaking with Klein, the officer noticed the smell of alcohol. Klein was then asked to perform a DUI field sobriety as well as take a breathalyzer test and give a blood sample. Klein was arrested but not taken to jail; instead, Klein was taken to the county's drop-off center designed to be used as a "sobering" area. According to Mercury News, Klein was picked up shortly after 2:30am by a family member.
Contact our Orange County DUI Defense Lawyers today if you find yourself arrested for a California DUI. Our OC DUI Attorneys know the law, will be able to answer any questions that you may have and will represent you throughout your entire DUI case.
Our Orange County DUI Attorneys understand that being arrested during a DUI checkpoint can be frustrating. Many DUI sobriety checkpoints are conducted poorly and against specific guidelines and therefore, our OC DUI Lawyers may be able to help you get the best possible result from your DUI case. The list below is designed to provide you with a few, but not all, DUI sobriety checkpoints that will be occurring starting today, Thursday May 12 and going through Sunday May 15th. Contact our OC DUI Defense Attorneys today for more information.
Thursday, May 12th
Moreno Valley: 6 pm-evening - undisclosed locations
Friday, May 13th
Coachella: 7pm-2am - undisclosed location
Fontana: 6pm-1:30am - undisclosed location
Hemet: 8pm-2am - undisclosed location
Indio: 7pm-2am - undisclosed location
Los Angeles: 8pm-3am - Vermont Ave. & 3rd St.
Los Angeles: 6pm-1am - Manchester Blvd, between Hoover St. & Figueroa St.
Poway: 7pm-2:30am - undisclosed location
Rancho Mirage: 8pm-2am - undisclosed location
Santa Rosa: 7pm-1am - undisclosed location
Tracy: 6pm-2am - undisclosed location
Yuba City: evening - undisclosed location
Saturday, May 14th
Long Beach: 6pm-2am - undisclosed location
Norco: 7pm-3am - undisclosed location
Perris: 6pm-1am - undisclosed location
Yuca Valley: 7pm-3am - undisclosed location
Korinna Outwater was arrested for driving under the influence and has been booked at the local jail.
The 19-year-old from San Rafael was driving at around 1:25am in a green Pontiac Firebird when she was pulled over for weaving and straddling lanes Highway 101. Officers conducted DUI field sobriety tests and arrested Outwater on suspicion of driving under the influence of alcohol. According to the San Rafael Patch, officers discovered Outwater was in possession of three fake IDs from Hawaii that had her name on them but with different dates of birth. In addition, Outwater also was carrying two expired licenses, one from California and the other from Minnesota, which belonged to two women with physical features similar to Outwater.
Contact our Orange County DUI Lawyers today if you have been recently arrested for driving under the influence. Our OC DUI Attorneys have the experience and knowledge to handle any type of DUI case.
Lake Forrest Deputy Christine Chang arrested three people with nearly 50 heroin-filled balloons and is being recognized for her achievements, productivity and professionalism. According to the OC Register, two other Deputies are being recognized for their efforts in drunken-driving enforcement; one officer is being recognized for his third year in arresting more than 100 suspects who were driving under the influence.
Unfortunately, because officers get rewarded for the amount of DUI arrests they make in a year, most are encouraged to be overzealous in the arrests. Because of this, officers tend to make up reasons for the stop, keep their videos off until after the stop is initiated and are even trained to perform DUI field sobriety tests off camera in order to avoid inconsistencies in the report. Officers also tend to not give proper instructions and will exaggerate at how poor people perform on the tests.
Our Orange County DUI Defense Lawyers have the experience and knowledge to help you fight your DUI. We have been trained by the NHTSA, know all the DUI laws and will be able to determine whether the initial stop as well as the field sobriety test was done lawfully. Contact our OC DUI Attorneys today for a free case evaluation.
California residents will be seeing several DUI/drivers license checkpoints throughout several cities starting today, Friday March 11th and going all the way through Sunday. These checkpoints are designed to protect the public and defer them from driving drunk. Officers will be looking for signs of intoxication and might require some motorists to go through a DUI field sobriety test.
Friday, March 11th:
Hemet - 8:00opm - 2am - undisclosed location
Newport Beach - 9pm until 3am - northbound Dover Drive at 16th Street
Pacoima - 8pm - 2am - Van Nuys Blvd, between Osborne and Nordhoff Street - Friday
San Jacinto - 6pm-2am - undisclosed location
Saturday, March 12th:
Bakersfield - evening - undisclosed location
Costa Mesa - 7pm-1am - Adams Avenue at Mesa Verde Drive West
Escondido - evening - undisclosed location
Huntington Beach - 9pm - evening - undisclosed location
Los Angeles - 6pm - 1am - Eastbound Manchester Ave between Broadway St. & Figueroa Street
Modesto - 10pm-4am - undisclosed location
San Jose - 9pm-3am - undisclosed location
Sunday, March 13th:
Santa Monica - 6pm-10pm - unknown location
Speak with a local Orange County DUI Defense Lawyer if you find yourself arrested during a DUI sobriety checkpoint.
James McFadden Jr., 57, was arrested on suspicion of driving under the influence after officers watched him hit another car.
According to Chico ER, California Highway Patrol was on its way to intercept a vehicle that was said to be driving recklessly near Highways 149 and 70. Officers noticed a car matching the description taking the off ramp; once officers started to follow the vehicle, they watched McFadden crash his Mercury Mountaineer into a Ford Escape that was stopped at a stoplight. There were no injuries but minor damage to the vehicles. Officers had McFadden perform field sobriety tests and booked him into the Butte County Jail.
Contact our California DUI Defense Attorneys if you have been arrested for a DUI-related accident.
Alan Tudyk, known for his roles in "Dodgeball" and "Death at a Funeral" was arrested on suspicion of driving under the influence in Soquel.
Santa Cruz Sentinel states that the actor was speeding 40 mph in a 25mph zone just north of downtown Soquel. Tudyk was arrested without incident after he declined to take a breath test and failed a field sobriety test.
If you or someone you know has been arrested after failing a field sobriety test, contact our California DUI Lawyers today to find out what we can do for you. Most often, officers fail to conduct field sobriety tests properly and because of this, a knowledgeable DUI attorney can help get the case sentencing reduced.
Lorna Gollihar, a school bus driver, was arrested on suspicion of driving under the influence Saturday evening in Stockton.
According to KCRA.com, the Turlock Unified School District driver was weaving and running cars off of State Route 99 in Stockton when officers pulled her over. After failing the field sobriety tests, Gollihar was arrested and booked at the San Joaquin County Jail with a DUI and BAC of .08% or more. No children were on the bus when Gollihar was driving.
If you have been arrested in California for a DUI, contact a knowledgeable DUI Defense Attorney for more information.
Local police departments will be setting up California DUI checkpoints throughout the weekend in multiple locations.
These sobriety checkpoints are designed to protect the public by arrested motorists who are driving under the influence. This weekend, several cities will have officers doing DUI and driver's license checks. It is important to remember to not drink and drive. If you or someone you know has been arrested during a checkpoint, contact a qualified California DUI Defense Lawyer for more information regarding your specific case.
The list below includes several cities that will have DUI sobriety checkpoints; however, it is by no means a complete list. Check your local newspapers for more information about DUI checkpoints in your area.
Friday
Hawthorne: 7pm-3am - Crenshaw Blvd & Rocket Rd.
Riverside: 6pm- 12am - Undisclosed location
Saturday
Los Angeles: 8pm-2am - Vermont Ave, between Fifth & Sixth St.
Long Beach: 6pm-2am - east side of the city
Oxnard: 6pm-2am -multiple locations
Pleasanton: 7pm-2am - Santa Rita Road & Pimlico Dr.
Visalia: evening - undisclosed location
If you plan on going out this Saturday in Easy Long Beach, please refrain from drinking and driving.
The Long Beach Police Department will be setting up a California DUI Checkpoint between the hours of 6pm and 2am. The Long Beach Post states that Long Beach officers are trying to reduce the amount of alcohol-related accidents and will be stopping motorist to check for driver's license and signs of intoxication.
If you are arrested during a DUI sobriety checkpoint, contact a California DUI Attorney to find out how your specific case can be reduced.
At around 1:30am last night, five bicycles were cited for a California bicycle DUI after officers received a phone call that a bicycle has lost control and crashed into the pavement.
According to KCRA.com, officers could smell alcohol and conducted field sobriety tests to approximately 15 bicyclists who were all riding on both sides of the road with any helmets and barely visible to motorists. Five of those including the crash victim, all between the ages of 18 and 22, were arrested, cited for riding under the influence and released.
If you or someone you know has been arrested for any type of DUI, contact our knowledgeable California DUI Defense Attorneys today.
Jaime Pressly, 33, known for her role in hit TV show "My Name Is Earl" and movie "Rules of Engagement", was arrested for suspicion of driving under the influence. Late Wednesday night, Ms. Pressly was pulled over for an alleged traffic violation. She was asked to perform a field sobriety test and was arrested and booked. The two-time Emmy nominee was taken to a Santa Monica jail where, according to TMZ, she was held on a $15,000 bond. Currently, it is unclear whether Jaime Pressly has been released.
Things are not Always as They Seem
Diabetes Can Cause False-Positive Results!
Floyd Brown, a part-time resident of Port St. Lucie, Florida, was arrested and charged with DUI while chauffeuring students from South Florida to Orlando. Approximately one hour into the trip, teachers on the bus became concerned because Mr. Brown wandered out of his lane. One teacher used a cell phone to notify police of Mr. Brown’s behavior. At the suggestion of the FHP officials, the teacher asked Mr. Brown to stop at the Fort Drum Plaza so that the students and faculty could use the restroom.
While the bus was stopped at the plaza, all students left the bus and went into the plaza. In the parking lot, Trooper Christopher Everett caught up with the bus and asked Mr. Brown to perform a field sobriety test. Although Mr. Brown attempted to inform the officer that he suffered physical impairments that made it impossible for him to perform the test, he submitted to various field sobriety tests and failed them. The police officers reported the “smell of alcohol” on Mr. Brown’s breath and requested that he complete a breath test. Mr. Brown voluntarily submitted to a breath test which revealed only a slight trace of blood-alcohol content (0.014%) that even the administering test officer was surprised when Mr. Brown was actually arrested for DUI and transported to the Okeechobee County Jail.
During trail, it was revealed that Mr. Brown had been in a serious automobile accident some years prior to the arrest, which resulted in his suffering long-term physical and balance problems. Mr. Brown had also been diagnosed as being diabetic (although he was not aware of it at the time of his arrest). Mr. Brown’s DUI defense attorney, Charles Shafer, was able to produce findings of various research studies whose results showed that diabetics can have a breath odor similar to alcohol. In addition, the calibration of the breath test equipment was found to be faulty, which led to the minor detection of alcohol in Mr. Brown’s test. After 18 months of having to deal with a drunk-driving charge, the case was dismissed.
As an experienced California DUI defense lawyer, I have found that there are a number of medical conditions that cause individuals to exhibit some of the same signs as intoxication. Diabetics will sometimes look and even act “drunk” to an observer and in many instances, certainly fail any field sobriety test given. Thus, while Mr. Brown did in fact suffer other physical impairments which did not allow him to perform well on the field sobriety tests given, he most likely would have failed them anyway because of his diabetes. The fact that Mr. Brown is diabetic also is what most likely attributed to his “wandering” out of his lane.
While in Mr. Brown’s case the breath test results were found to be erroneous because the machine’s calibration was off, it is important to note that breath test machines do not actually measure alcohol. Instead, they use infrared beams of light that are absorbed by chemical compounds (including ethyl alcohol) in one’s breath, which includes the methyl group in its molecular structure. What this means is that the greater the absorption rate, the higher the blood-alcohol result will be. Breath test machines are programmed to “assume” that the compounds in the breath are “probably” alcohol. Nevertheless, this is simply not the case and this is where error can be found. As for the breath of a diabetic, it is well-documented that when a person is in a state known as “ketoacidosis,” a by-product of hypoaglycemia is that acetones will be produced in his or her breath. This means that what the breath test machine is “assuming” to be alcohol is in fact not alcohol at all.
Being arrested for DUI is often a very frightful and confusing occurrence. When it comes to the law, assumptions should never be made, and those facing drunk-driving charges should protect themselves from such assumptions. If you are arrested for DUI, please contact the DUI Law Office of Thomas Wallin today! Our California DUI defense lawyers represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. For more information on Mr. Brown’s story visit: http://www.tcpalm.com/news/2007/dec/15/30bus-driver-cleared-of-dui-charge/ and
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Florida Motorist Arrested Twice for DUI While Sober
Joseph Errichiello of Port Richey, Florida was pulled over last September at a DUI checkpoint and was charged with drunk driving after failing field sobriety testing. Mr. Errichiello does not drink alcohol and willingly submitted to field sobriety tests administered. After failing the tests due to physical and mental disabilities, he willingly submitted to both a breath test and urinalysis. He blew 0.00% according to the breath test and the urinalysis came back negative. Despite these results, the Florida Highway Patrol placed Mr. Errichiello under arrest for drunk driving and the prosecutor moved forward with the case.
Less than two weeks later, Mr. Errichiello was stopped again by a Pasco County Sheriff and charged with DUI. Once again, he proved to be sober after testing. Mr. Errichiello says that both times the police asked him if he had been drinking and he told them, “No.” Apparently, he has had a learning disability since he was a child. Mr. Errichiello also stated in an interview with the Pasco Times that he had a severe diabetic condition which contributed to his failing the field sobriety testing. After the second arrest, the prosecuting attorney did move to dismiss the DUI charges against Mr. Errichiello. As a California DUI attorney, it does not surprise me that the police requested that Mr. Errichiello submit to the breath test and the urinalysis after his failing the field sobriety testing. However, I was a bit surprised that the prosecuting attorney would want to move forward with its case after the breath test and urinalysis results showed that he was sober. As a former Riverside County Public Defender, I know how easily the police can “mistake” the failing of field sobriety testing as one being intoxicated, but I do think the matter went a little too far. Nonetheless, there are hundreds of people just like Mr. Errichiello who are unable to pass field sobriety testing because of physical and mental disabilities and conditions. Sometimes individuals may not even be aware that they have a particular condition that affects how they would perform on such tests. Moreover, individuals with diabetes sometimes will even fail breath testing because of their condition. Thus, it is important that individuals arrested for driving under the influence consult with an experienced DUI defense attorney as quickly as possible after their arrest so that such things can be uncovered. As a leading California DUI attorney, I know how to build a strong DUI defense, including hiring experts to show the courts how flawed field sobriety testing is and how unreliable one’s breath test result may be. If you have been charged with DUI, contact the California DUI Law Firm of Thomas Wallin today. Our skilled DUI defense attorneys represent individuals accused of drunk driving throughout Southern California, including Driving Under the Influence cases in Orange County , Los Angeles, Riverside , San Bernardino and San Diego. For more on Mr. Errichiello’s story read: http://www.tampabays10.com/news/local/article.aspx?storyid=68874
Any law enforcement officer or politician will tell you that field sobriety tests give drivers an opportunity to show that they are not impaired due to the consumption of alcohol. Many people view field sobriety testing as a means for drivers to prove their innocence if they have been accused of drunk driving. However, field sobriety testing is really used as a means of gathering evidence on the part of law enforcement officers. Think about what happens at a DUI traffic stop – if a law enforcement officer believes you are impaired, he has already made up his mind about your innocence and will use field sobriety testing to try to gather evidence to support their assessment of your condition. If a law enforcement officer asks you to submit to sobriety testing, he or she is going to see what is suspected. If you stumble or trip, the officer is going to use it as evidence to back up the fact that he thinks you’re guilty of driving under the influence. Another point to consider is that even people who have not been drinking may not do well on sobriety tests. They often take place in the dark on roadways that may not be even or cared for well. This combined with the fact that the headlights of cars driving by can cause people to stumble, means that not everyone can do well on sobriety tests even if they are not impaired. It doesn’t seem fair that these tests can be used against drivers accused of driving under the influence, but that’s the way it works in the “land of the free.” If you are arrested for driving under the influence, contact a Los Angeles DUI attorney as soon as possible so you have the best possible chance of having a positive outcome for your case.
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