DUI Laws and DUI

Field Sobriety Tests BAC

California Field Sobriety Tests Lawyers | Breath Test Results Lawyers Oakland | DUI Test Accuracy Defense Contra Costa Home About Us Attorneys DUI Overview Anatomy of a Stop Field Sobriety Tests BAC Tests DMV Hearings Out-of-Area Arrests How We Can Help Web Resources Criminal Defense FAQs Contact Us What Clients Say Espaol Payment Plans 760 Market Street Suite 714 San Francisco, CA 94102 phone: 415.357.0111 1999 Harrison Street Suite 2010 Oakland, CA 94612 phone: 510.465.4000 Field Sobriety Tests California Field Sobriety Tests Breath Test Results DUI Defense Lawyers Oakland, San Francisco Field sobriety tests (FSTs) can be confusing - and they were designed to be. If an officer pulls you over, the FSTs can provide indications of driving under the influence. Field sobriety test accuracy is not 100%, but the FSTs can be used to build a case against you in court. Byers & Warrick - Where the Bay Area Comes for Help Can you refuse the tests? Yes, but that refusal will work against you in court and in DMV hearings . Furthermore, the police can force you to take the test. If you consumed alcohol immediately before the stop, a breath test at the scene may show you are below the .08 blood alcohol content (BAC) limit, while a blood test three hours later (when you are not driving) could show intoxication. An early test consent could provide a positive defense. Field sobriety tests include observations by the officer of the smell of alcohol, bloodshot eyes, and slurred speech: HGN (horizontal gaze nystagmus) testing in which you are asked to hold your head still and follow a pen light with your eyes Modified position of attention testing in which you are asked to do a mental and physical task at the same time (examples are the walk-and-turn test and the one-leg stand while counting 30 seconds) Preliminary alcohol screening (PAS) device (portable breath test) that measures blood alcohol content from the lungs During the traffic stop, the officer will also ask questions. These are not random questions, but are part of a script. How did you sleep last night? How much did you have to drink? Are you taking medications? (Prescription drugs that impair driving are not a defense for DUI.) Where are you going? Where have you been? When did you last eat? Do you have a medical condition? The answers could provide information valuable to either (or both) the prosecution and the defense. If you have been arrested for DUI, you lived this experience. You know how confusing and disorienting it can be. Make sure you have an experienced DUI defense lawyer as soon as possible to protect your rights and interests throughout this situation. The attorneys at our DUI defense law firm have the experience, knowledge, and compassion to help you. Byers & Warrick - We Understand and We Can Help The DUI defense attorneys at Byers & Warrick represent clients throughout the San Francisco Bay Area including Oakland, San Francisco, Hayward, Martinez, San Mateo, Marin, Contra Costa, Alameda, Richmond, Walnut Creek, Berkeley, and Fremont. Call 24 hours a day. Oakland 510.465.4000. San Francisco 415.357.0111. Home | About Us | Attorneys | DUI Overview | Anatomy of a Stop | Field Sobriety Tests | BAC Tests | DMV Hearings | Out-of-Area Arrests | How We Can Help | Web Resources | Criminal Defense FAQs | Contact Us | What Clients Say | Espaol | Payment Plans © 2005 Byers & Warrick. All rights. Disclaimer

California DUI Laws and Lawyer Guide California DUI Laws and DUI Lawyers California DUI Laws Felony DUI Probable Cause Presumption of BAC when Driving DUI Double Jeopardy CA DUI Penalties Home Detention Enhanced Penalties Finding A Good DUI Attorney License Suspensions California DMV Administrative Hearing Implied Consent The Officer's Warning Driving Symptoms Driving Studies Field Sobriety Tests Horizontal Gaze Nystagmus Validity of FSTs Breath-Alcohol Odor Blood-Alcohol Tests Breathalyzer Tests BAC Testing Machines Blood-Alcohol Levels Tolerance to Alcohol Miranda Advisements Insurance After a DUI DUI Search Help Home © 2002 All Rights Reserved "California DUI Laws and DUI Lawyers" , is a complete source of information about California DUI laws , California DUI attorneys and lawyers, penalties for driving under the influence, California DMV driver's license suspensions, breath alcohol tests, criminal courts, car insurance after a DUI California arrest and police investigative procedures. California DUI offers everything you need to know if you are arrested in California for driving under the influence of alcohol ( DUI ) — sometimes referred to as "drunk driving" or "driving while intoxicated" ( DWI ) — including answers to such common questions as: What crimes will I be charged with for a DUI in California ? What are the possible penalties for driving under the influence of alcohol ? Who are the best drunk driving lawyers in California? How can I save my driver's license ? How do those field sobriety tests work? Are those breath tests accurate? How can I estimate my blood-alcohol level ? What if I have a high tolerance to alcohol ? What happens if the police didn't read me my Miranda rights? What happens to my car insurance ? How can I get my driving record ? "What should I do if I'm stopped for drunk driving?" Nationally-known Southern California DUI attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense , 6th edition , offers 5 tips: Politely decline to answer questions without an attorney (only incriminating answers will be in the police report). Decline to take any field sobriety tests (not required by law and rarely helps you). Unless you are under 21, decline to take any handheld breath test not required by law. Agree to take a required "evidentiary" breath test (blood test if confident you are under .08%). Make sure your attorney calls the DMV Driver Safety Office within 10 days and demands a hearing to contest your license suspension. "Should I just plead guilty?" Atlanta attorney William C. Head, one of the foremost authorities in the country, explains the 5 myths and realities of defending against DWI charges today: Most people accused of this crime are guilty. Drunk driving is a minor offense. Any attorney can defend a person accused of DUI. These cases can't be won. DUI cases are just like any other criminal case. California DUI Attorneys Resource Center California-oriented legal megasite for lawyers and laymen, containing information and over 600 links. The Great .08 Debate Excellent discussion of the .08% blood-alcohol controversy, from noted New York attorney Ed Fiandach. MADD and Madder: Today's DUI Defense Bar is More Focused and Aggressive Than Ever Before Interesting article in the "American Bar Association Journal" reporting on the counter-offensive from increasingly specialized and technically sophisticated DWI Lawyers. The DUI Exception to the Constitution The continuing erosion of fairness and constitutional rights in drunk driving cases, from a lecture by a former Fulbright Professor of Law and nationally-known California DUI attorney. DUI Blog Commentary on the defects, fallacies and Constitutional damage of the "war on drunk driving". Southern California DUI Lawyers Helpful legal information from an 8-attorney law firm practicing DUI defense exclusively in Los Angeles , Orange County , Riverside and San Diego . DUI Resource Library for Judges Online links and materials for judges nationwide in understanding and dealing with drunk driving cases. FindLaw Nationwide resource for DUI issues generally. California DUI : A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups such as MADD seeking the passage of unfair laws , the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. " Responsibility in DUI Laws, Inc. ", is an organization dedicated to reforming harsh and misdirected DUI laws. Please visit our local DUI information websites for Los Angeles County , Orange County , San Diego County , Riverside County and Ventura County . Websites for the following counties are under construction or in the planning stages: San Bernardino, Alameda, Contra Costa, Fresno, Imperial, Marin, Merced, Monterey, Napa, Sacramento, San Francisco, Santa Barbara, Santa Clara, Santa Cruz and Sonoma. Site Map | Link to Us Legal Disclaimer

Driving While Intoxicated from

State Laws Menu Statistics History Education Coalitions Victims Impact NYS Drunk Driving Laws Tips for Parents What Can Happen Keg Registration Press Releases Goals & Achievements DWI Home N.Y.S. DRUNK DRIVING LAWS The Rockland County Stop-DWI Office provides the following information on the law and penalties for conviction of operating a motor vehicle while under the influence of alcohol or drugs. Tougher penalties are levied for convictions of Driving While I ntoxicated (DWI) and Driving While Ability Impaired by Alcohol (DWAI) while operating a commercial motor vehicle and significantly increase when transporting passengers for hire, children, (school bus) dangerous cargo and hazardous materials. Additionally, the required blood alcohol concentration, (also referred to as BAC) necessary to obtain a conviction for DWI/DWAI is significantly lower when operating commercial motor vehicles. Stop-DWI wants you to understand the consequences of driving under the influence of alcohol or drugs. Alcohol and drug impaired driving continues to be a major problem in the United States responsible for approximately seventeen thousand deaths each year. A significant number of these deaths involve underage drinking and young adults between the ages of sixteen to twenty-one years old. We strongly endorse the message conveyed by the law - it does not pay to drink and drive. New York State recently passed legislation lowering the blood alcohol concentration (BAC) necessary to sustain a conviction for Driving While Intoxicated from .10% to .08%. Studies have shown that motorists with a .08% BAC experience significant reductions in the performance of critical tasks such as braking, steering, lane changing, distance perception and judgment. Moreover, research indicates that impairment occurs at much lower blood alcohol concentrations of .01% to .03%. A person can reach a BAC of .01% by consuming just three ounces of whiskey, one wine cooler or one can of beer. Such impairment can have a detrimental effect on your ability to operate a motor vehicle depending upon the drivers emotional state, body weight, fatigue level, tolerance, and body chemistry. Therefore, you must understand that intoxication is a condition that exists within the mind and can be induced by small amounts of alcohol or other drugs and intensified by a persons physiological composition and emotional state. Keep these facts in mind and remember that alcohol effects each person uniquely and to differing degrees. The decisions you make may very well save your life and the lives of your family, friends and other innocent people. Fine & Drivers License Sanctions Section 1192 N.Y.S. V&T Law as of November 10, 2003 Driving While Ability Impaired By Alcohol 1192.1 - Private Passenger Vehicle Driving While Ability Impaired By Alcohol 1192.1 - Commercial Motor Vehicle Driving While Intoxicated 1192.3 & Driving With .08 Or More Blood Alcohol Content 1192.2 - All Vehicles Driving While Ability Impaired By Drugs 1192.4 All Vehicles Operating A Motor Vehicle Under The Age Of 21 After Consuming Alcohol - Also Known As The Zero Tolerance Law - Private Passenger Vehicle Refusal To Submit To A Chemical Test Of Your Blood, Breath Or Urine To Determine Drug/Alcohol Content Digested Version of DWI Laws 1192-A Zero Tolerance Law - Violation. Operate a motor vehicle with a BAC of .02 to .07 by a person under 21 years old. 1192-1 Driving While Ability Impaired Alcohol - Traffic Infraction. Operate a motor vehicle while ability impaired by alcohol. 1192-1 Driving While Ability Impaired Alcohol - Misdemeanor. Operate a special vehicle while ability impaired by alcohol. Taxi/livery vehicle with paying passenger, or a non-commercial motor vehicle weighing more than 18000 lbs. but not more than 26000 lbs.---i.e. motor homes and recreational vehicles. 1192-1 Driving While Ability Impaired Alcohol - Misdemeanor. Current charge escalates to a misdemeanor if two prior convictions in N.Y.S. within ten years of any 1192 offense. 1192-1 Driving While Ability Impaired Alcohol - Felony. Operate a special vehicle plus prior conviction for special vehicle within ten years. 1192-2 Driving with .08 or More BAC - Misdemeanor. Operate a motor vehicle with a BAC of .08 or more. Escalates to a felony with prior conviction in N.Y.S. for 1192-2 or 3 within ten years or a conviction of Vehicular Assault or Vehicular Manslaughter. Charge will also escalate to a felony if operating a more than 18000-lb. motor vehicle carrying dangerous cargo or operating a school bus with passengers. 1192-3 Driving While Intoxicated - Misdemeanor. Operate a motor vehicle while intoxicated. Escalates to a felony with a prior conviction in N.Y.S. for 1192-2 or 3 within ten years or a conviction of Vehicular Assault or Vehicular Manslaughter. Charge will also escalate to a felony if operating a more than 18000lb. motor vehicle carrying dangerous cargo or operating a school bus with passengers. 1192-4 Driving While Ability Impaired by Drugs - Misdemeanor. Operate a motor vehicle under the influence of drugs. Charge escalates to a felony with a prior conviction in N.Y.S. of 1192-4 within ten years. 1192-5 DWAI - Commercial Motor Vehicle Level I -Traffic Infraction. Operate a commercial motor vehicle with .04 or more, but not more than .06 BAC. 1192-6 DWAI - Commercial Motor Vehicle Level II - Misdemeanor. Operate a commercial motor vehicle with more than .06, but less than .08 BAC. If two prior convictions in N.Y.S. for 1192-1,2,3,4,6 within five years and one charge is a misdemeanor the current charge escalates to a felony.

DUI law and science.

Arizona DUI Law: Drunk Driving Defense Attorney Daniel Jaffe duiattorney.com Daniel Jaffe Arizona DUI Attorney Contact Did You Know . . . You have the right to remain silent. You should never answer the officer's questions regarding your impairment or the amount you drank. What People Are Saying This was my second DUI and I was a wreck. The prosecutor wouldn't deal, and you told me we would have to "play for the fumble," or accept the jail term they were offering. I was skeptical about paying your litigation fee, but it was worth it because they did fumble and you were there to jump on the ball. I won't be needing your services again because I learned my lesson, but thanks for making it a lesson that didn't involve jail time or further damage to my record. --JG [ more ] Contact Us Daniel Jaffe 9089 E. Bahia Drive Suite 101 Scottsdale, AZ 85260 480.951.3200 Request a Consultation Contact Us Not in Arizona? Locate an Attorney near you. ©1999 - 2005 Daniel M. Jaffe Disclaimer Home Our Firm Driving The Law Your Case Tips Links Blog Focused On DUI Defense We are one of the few law firms in Arizona that focuses exclusively on DUI Defense. Mr. Jaffe has been retained by all types of professionals, including lawyers, doctors, dentists, accountants, pilots, law enforcement officers, athletes, businesses owners, and regularly receives referrals from other attorneys and from his current and former clients. DEDICATED: Daniel Jaffe is dedicated not only to defending his clients with integrity, honor, skill and diligence, but also to educating the public about the myths and realities of Arizona DUI law and science. He is the author of this website which contains literally thousands of pages of AZ drunk driving law content. FOCUSED: Mr.Jaffe focuses his practice 100% on Arizona DUI defense. That means hedoesn't accept any other type of criminal or civil case.* LOCAL: He accepts only caseswithin Maricopa County (meaning any Superior, Justice or City Courtwithin the boundaries of Maricopa County, including Phoenix, Mesa,Scottsdale, Tempe, Chandler, Glendale, Gilbert, Peoria, and all otherValley Cities), or within a one hour drive of his Scottsdale Office. PERSONAL: He keeps his case load small, and he and his small and friendly staff personally handle all important aspects of every case. SOLUTION: You deserve alaw firm that is fully dedicated to solving the exact problem that youhave, and that focuses on a single geographical area within Arizona. * For former DUI clients accused of another crime, we willmake occasional exceptions as long as it won't interfere with our DUIpractice. If an attorney or law firm claims to focus on or specialize in DUI defense, make sure to ask them point blank if they accept or solicit other types of criminal or civil cases. Daniel Jaffe Law Offices Of Daniel M Jaffe, PLLC 9089 E. Bahia Drive Suite 101 • Scottsdale, AZ 85260 • p:480.951.3200 • f:480.951.3208

D.U.I.

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