DUI Attorney Helper Blog Explains How Officers Make Drinking and Driving Arrests

It’s a big question: how do officers know you’ve been drinking and driving? And it’s not so obvious.

Leading DUI network and blog DUI Attorney Helper highlights exactly how police officers act prior to a DUI arrest, informing readers on not only the dangers and consequences, but also the process.

What happens in a DUI arrest? How do officers know you’ve been drinking just by your driving? While this is not big news, how you should act during an arrest bears repeating. A recent blog post on the network points out how the BAC level for drivers is the same in all states, 0.08 percent. But what happens before that?

California Supreme Court Rules Drunk Drivers Can Fight Breath Tests

For awhile now, DUI defense lawyers have talked about the accuracy of breath tests.  Breathalyzer machines are supposed to be maintained by law enforcement, but sometimes these machines don’t get the attention that they need.  You can also refer to a previous post where I talked about a few things that could affect the reading of a breathalyzer.

Well, it looks like the California Supreme Court has taken notice of this issue.  The court has said that breathalyzer results mean different things for different people.  The court has also ruled that suspected drunken drivers can attack the test results in court.

What Are Field Sobriety Tests?

Field sobriety tests are used by law enforcement to determine whether or not a driver is intoxicated.  These series of tests include several exercises to test balance, coordination, and divided attention. Studies funded by the National Highway Traffic Safety Administration (NHTSA) have shown that only three of the field sobriety tests are effective in detecting a drunk driver:

1.  The Walk and Turn Test: This is also known as the heel-to-toe test in which the suspected drunk driver has to walk nine steps heel-to-toe in a straight line, turn around, and walk nine steps back. The police officer must observe the DUI suspect from three or four feet away and remain motionless while the suspect performs the test.  If the police officer is too close to the driver, or is causing excessive motion, the police officer’s actions may cause the DUI suspect to make errors they may not have otherwise committed.

2.  The One Leg Stand Test: The suspected drunk driver must stand on one leg with his hands down at his sides and count to 30.  This type of sobriety test must be performed on a hard, dry, non-slippery surface and should not be given to drivers who are more than sixty-five years of age, more than fifty pounds overweight, or those individual who have physical impairments that interfere with balance and coordination.

3.  The Horizontal Gaze Nystagmus Test: This is a test where the officer holds a pen or similar object in front of the subject’s eyes to determine whether she can follow it.

In 1981 the NHTSA also created a standardized model for field sobriety testing and recommends that all law enforcement agencies use this standardized program – otherwise they can open up an area for a DUI lawyer to find fault in the system.