San Luis Obispo Police Evidence
For someone arrested for DUI, the police evidence may have you think you do not have any options but to plead guilty. This is not true. The importance of a specialized DUI lawyer, to help you is essential. They will know how to analyze the evidence and what it means to you it terms of achieving a deal with the prosecution or a favorable result at trial.
The evidence Police agencies gather in drunk driving cases can be placed into five categories. They are:
Driving Symptoms
Unless an accident occurred, the first category of evidence comes from an officer observing the vehicle. The way the vehicle is driven is what draws the officer’s attention. Once their attention is on the vehicle, they will observe the vehicle for several minutes. Some signs they are looking for to make them suspicious a driver is impaired is weaving, inappropriate lane changes, slow response to traffic signals, or varying speed. The National Highway Traffic Safety Administration (NHTSA) recognizes 24 different driving symptoms to use as indicators of intoxication. Surprisingly, speed is not one of them because speeding requires good coordination, quick judgment, and fast reflexes.
Behavior and Appearance
The second category of evidence law enforcement gathers comes from the driver’s personal behavior and appearance. After an officer stops a suspected drunk driver, they observe the driver’s behavior. They are looking for signs of intoxication in the way the driver behaves and their physical appearance. Signs may included, but are not limited to, bloodshot eyes, smell of alcohol on clothing or breath, unable to stand without support, fumbling for driver’s license, or slurred speech. Some officer’s encounter some of these signs so frequently that they will include them in their arrest reports whether they actually witnessed them.
Field Sobriety Tests
The third category of evidence officers collect is from field sobriety tests. Although officers may use any field sobriety tests they choose including walk-and-turn, reciting the alphabet, one-leg-stand, touch-the-nose, horizontal gaze nystagmus, the National Highway Traffic Safety Administration (NHTSA) have found only three of them to be effective in detecting intoxication. They are the walk-and-turn, touch-the-nose, and horizontal gaze nystagmus (using the eyes only to follow an object, like a pen). All other field sobriety tests have proven to be unreliable for detecting an intoxicated driver and the NHTSA has disapproved them. More and more law enforcement agencies across the country are adopting the NHTSA recommended standardized field sobriety tests (SFST). In California so far, police officers continue to use whichever tests they choose. Most drivers believe they are required to take field sobriety tests when instructed to do so by an officer. This is not true. A driver may refuse to take the tests without any legal consequences.
Many law enforcement agencies have begun using preliminary alcohol screen (PAS) tests. They are handheld devices that officers can carry with them in the field and use on the roadside. The purpose of a PAS device is to help officers get an indication of someone’s blood alcohol on the spot, so they can decide if there will be an arrest. If a driver is age 21 or younger, they are required to take a PAS test. If the driver refuses the consequences from both the court and the Department of Motor Vehicles is more severe.
Incriminating Statements
The fourth type of evidence is incriminating statements made by the driver. These statements may be made spontaneously or answering questions posed by the officer. As the Miranda warning is required only after an arrest, the officer can ask incriminating questions during the initial investigation. It is difficult for individuals to remember they do not have to answer any questions at any time. If a driver refuses to take a chemical test, the officer may interpret that as an incriminating statement.
Chemical Test
The fifth category of DUI evidence collecting is chemical tests, which consist of testing the driver’s blood, breath, or urine to determine their alcohol content. Typically, urine tests are no longer used unless for specific conditions. These conditions are when a blood or breath sample is unavailable, the driver is under the care of a licensed physician for a heart condition and taking an anticoagulant, or the driver is a hemophilic. The most common chemical test is a breath test, which the driver is able to take at the police station. In California, there are many different brands of breath machine used. A common brand is the breathalyzer. Regardless of the brand, all breath machines are subject to several problems making their accuracy questionable. For instance, if a person belches during the test then the machine will give a high false reading for the next 15 minutes. As well as some machines assumes all individuals are average when the bodily processes vary substantially. Bodily processes mean the individuals physiology and metabolism.
Blood testing is the most accurate. It has it issues as well including coagulation, lack of sterilization, and fermentation of the sample.
No matter what evidence may have been collected, if you are facing a DUI charge call Darryl Genis at once. His nearly 30 years of experience gives him the means to know how to challenge any evidence gathered. It is essential to start on your defense immediately. Call Mr. Genis right away to achieve the best possible outcome for your circumstances.
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