Tag Archives: dui attorney in sacramento

Drug Tests

Posted on March 21, 2012 by admin

The NHTSA established eight field sobriety tests to determine drug usage: horizontal gaze nystagmus (HGN), pupil reaction, pupil size, standing steadiness, one-leg stand, walk-the-line, finger-to-nose, and pulse rate. Officers also consider skin marks, apathy, drowsiness, and hyperactivity. Although relatively accurate … Continue reading →

Legal Definition of Driving

Posted on January 9, 2012 by admin

In many jurisdiction the term “drunk driving” is a misnomer because a person does not have to drink or drive to be convicted of drunk driving. For whatever reason, the legal system has curtailed motorists rights to make it easier … Continue reading →

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Driver’s License Sanction

Posted on January 6, 2012 by admin

Most states predicate their motor vehicle licensure laws on one simple legal concept – driving is a privilege, not a fundamental right – so any driver’s license sanction is remedial, not punitive. Consequently, a drunk driving criminal charge is separate … Continue reading →

Refusing Field Sobriety Tests

Posted on December 9, 2011 by admin

Few motorists realize that they have the right to refuse an officer’s request for field sobriety tests (FSTs). There is no legal requirement that a driver must perform FSTs before or after an arrest. An officer can only request, not … Continue reading →

Non-standardized Field Sobriety Tests

Posted on December 6, 2011 by admin

Besides the NHTSA sponsored tests, other physical and verbal field sobriety tests are used to measure intoxication. Physical performance tests measure balance, while verbal tests measure mental acuity. Although officers typically administer the NHTSA field sobriety tests, sometimes nontraditional tests … Continue reading →

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DUI – Passenger Rights

Posted on December 4, 2011 by admin

The passenger is afforded the greatest constitutional protection and police deference. Since the passenger is often a captive occupant of the vehicle and unable to control their destination, police are less likely to press criminal charges. The lack of control … Continue reading →

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DUI – Driver Rights

Posted on November 30, 2011 by admin

In comparison to passenger rights, drivers are held more accountable because they have control of the vehicle. When an illegal substance is discovered, the driver is first to blame. Of course physical proximity affects the issue possession. If the substance … Continue reading →

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DUI – Vehicle Impoundments

Posted on November 30, 2011 by admin

Even if the vehicle owner is not involved in a drunk driving accident, in certain instances the vehicle can be seized, impounded or sold. Typically, statutes require the owner to have knowledge of two things: 1) The driver has a … Continue reading →

Inventory Search

Posted on November 28, 2011 by admin

Despite the subtle nuances of privacy interests and constitutional guarantees, most individual rights are nullified by legal technicalities. If the police are able to initiate an arrest, which is allowed for any offense —even traffic tickets — then the vehicle … Continue reading →

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Ignition Interlock Device

Posted on November 21, 2011 by admin

Upon DUI conviction, many jurisdictions require the installation of an ignition interlock device (IID) in all vehicles operated by the defendant. The IID is a mechanism connected to the vehicle’s ignition to measure ethanol within a person’s breath. When a … Continue reading →