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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
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DUI Laws and DUI 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
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Field Sobriety Testing The Austin Texas DWI Attorney » Texas Field Sobriety Testing - DWI Victories, DUI Police Mistakes & More! Austin Texas Drunk Driving Defense, Ken Gibson, Attorney at Law Attorney Bio | Fees | Jail Release | FAQ’s | Trial Process Serving clients in the Austin area: Williamson, Travis and Hays Counties . 512 469-6056 888 DWI-TEXAS On-line DWI Interview The Chase Building 700 Lavaca, Suite 1010 Austin, Texas 78701 Directions to Office Court Locations Texas Field Sobriety Testing The first thing to know about roadside testing is that, when you are stopped by police, you do not have to do the tests! You can refuse to perform these tests, and not be given a separate ticket for refusing to perform them. Unfortunately, police officers are not required to tell you that you do not have to perform these ?tests?. And, the current state of the law is that you do not have to be read your Miranda rights prior to performing the tests, even though the very tests that you do on the roadside are going to be used to try to convict you in court. Since the State can convict you of DWI in two ways: if your blood/breath alcohol concentration is .08 or greater, or if you have lost the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances ? it is very important to the reliability of the tests, that they be given to you just before your arrest. When the breath/blood testing is suppressed or kept out of the trial due to errors in that testing, you still have to ?beat? the field sobriety testing in order to be successful in your defense of the DWI charge. The challenge against the testing is based on many things. How did you get out of your car? If you didn?t need to use the car for support as you walked to where the officer told you for the testing, you are better off than if you needed to use the car door to help you out of the car, or used the car for support as you walked along side of it. Did the officer ask you if you had any injuries that would prevent you from doing the testing, or that would cause you any problems while doing the testing? Any injury to your back, legs, knees, or feet, could cause problems standing on one leg or walking a line, and as a result, even if you performed the testing, the validity or reliability of the testing is compromised. Do you have balancing problems, middle ear problems, vertigo, or anything else that would cause you to have a problem with balancing while performing these tests? Are you 50 pounds overweight? Are you over 65 years old? These are reasons that the officer should not do field testing on you, or should at the very least take these facts into consideration. If you are wearing two-inch heals or anything larger, you should be given the opportunity by the officer to take off your shoes. The testing should be done on a well-lighted, dry, flat, hard, non-slippery surface with plenty of room to perform the testing. The side of the road is often sloped for water run-off, with debris and broken pavement. This would effect the testing. The actual tests that are given to you vary in kind. Tests such as holding your head back with your eyes closed, or bending over at the waist with your arms hanging in front of you, are tests that are designed to make you ?fail?. These tests induce swaying. That is exactly what they are supposed to do. Counting on your fingers in a complicated pattern, touching your nose with your arms extended, and many other tests can be used by the officer during the field testing. There are no set rules to these tests, other than what the officer tells you, and part of what you are being tested on is how you follow instructions. Nationwide, one of the most common ?tests? is reciting the alphabet. Surprisingly, many sober people cannot accurately recite the ABC?s, or get confused or hung-up when reciting them. However, there are three tests that have been scientifically validated, that if they are instructed to you in the prescribed manner, they may be reliable to predict that a person?s BAC (breath/blood alcohol content) is greater than 0.10%. This validation study was set forth by the National Highway Traffic Safety Administration (NHTSA) . These are the tests that the Police are taught: One Leg Stand The first of these tests is the one leg stand. If instructed properly, the one leg stand has a 65% reliability of predicting that a person?s BAC is 0.10% or greater. However, all of the proper instructions must be given to you for the test to be reliable. You must be told the following, and the officer must demonstrate as he is instructing you: Stand with your feet together and your arms at your side Keep that position until you are told to begin The officer must ask if you understand the instructions and receive an acknowledgement from you that you do. When told to start, raise either leg approximately 6 inches off the ground with your foot pointed out Keep both legs straight, arms at side Count 1,001, 1,002 etc. until told to stop Keep your arms at side and keep watching raised foot The officer must again ask if you understand the instructions and receive an acknowledgement from you that you do. The officer will then start the test The test can last no more than 30 seconds of actual time There are four scoring factors for the one leg stand test: Sways while balancing Arms for balance Hopping Puts foot down If you put your foot down three or more times, you are considered to have reached a “decision point” on the testing. If you stop at any point during the testing, you should be given the opportunity to resume the testing. Walk and Turn Test The second standardized test is the Walk and Turn Test. If instructed properly, the walk and turn has a 68% reliability of predicting that a person?s BAC is 0.10% or greater. However, again, all of the proper instructions must be given to you for the test to be reliable. You must be told the following, and the officer must demonstrate as he is instructing you: Place your left foot on the line Place your right foot on the line ahead of your left foot, with the heel of your right foot against toe of your left foot Keep your arms to your side Keep this position until you are told to begin The officer must ask if you understand the instructions and receive an acknowledgement from you that you do. When told to start, take 9 heel-to-toe steps, turn, and take 9 heel-to-toe steps back When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot While walking, keep arms at side, watch feet at all times, and count steps out loud Once you start, don’t stop until test is completed The officer must ask if you understand the instructions and receive an acknowledgement from you that you do. Begin the test and count first step from the heel-to-toe as “one” There are eight scoring factors for the Walk and Turn test: Cannot keep balance while listening to instructions Starting before instructions are finished Stopping while walking Did not touch heel-to-toe (more than 1/2 inch on any step) Stepped off line Used arms for balance Improper turn Incorrect number of steps Horizontal Gaze Nystagmus (HGN) The third standardized test is the Horizontal Gaze Nystagmus (HGN). If instructed properly, the Horizontal Gaze Nystagmus has a 77% reliability of predicting that a person?s BAC is 0.10% or greater. However, again, all of the proper instructions must be given to you for the test to be reliable. You must be told the following: I am going to check your eyes Keep your head still and follow this stimulus with your eyes only Keep following the stimulus with your eyes until I tell you to stop There are six scoring factors for the HGN test (one for each eye): The Lack of Smooth Pursuit ? The eyes ?bounce? as they follow a smoothly moving stimulus. Distinct Nystagmus at Maximum Deviation ? Distinct nystagmus will be evident when the eye is held at maximum deviation for a minimum of four seconds Onset of Nystagmus Prior to 45 Degrees - They are looking for the point at which the eye is first seen jerking Of course, any test can be used by an officer on the roadside. However, the testing must be fair. It is up to your attorney to challenge the validity and reliability of this testing. If you have any questions about the tests performed on you during your arrest, or if you would like me to analyze your situation, please call me. I look forward to consulting with you about your situation. The main thing I want you to understand is that some of the field sobriety tests have no scientific validity whatsoever. And that even thos that have some validity can often be challenged for the reasons I’ve mentioned at the beginning of this report. Site Index Court Locations Don't Let Your Austin DWI Ruin Your Life DWI Facts 53 DWI Case Facts Alcohol Metabolism City Of Austin DWI Enforcement Team Defending DWI Cases, Five Myths Driver's Rights DUI vs. DWI in Texas DWI and Concealed Handgun Licenses DWI Conviction Affects Your Insurance DWI Conviction Can Limit Travel DWI Conviction May Limit Job Opportunites DWI Conviction: Financial Costs DWI Enforcement in Austin DWI Laws are Out of Control DWI Legislation: Whos Behind It, What It Means Immediate Get Out of Jail Assistance for Friend or Family Jail Release Procedure Lack Of Sleep Study Mistakes Defendents Make Mistakes Lawyers Make Mistakes Police Make Out-of-State Driver DWI Arrests Recent Related Cases Saving Your License Texas DPS Identification Requirements Texas DWI Breath Test Information - Intoxilyzer 5000 Texas Field Sobriety Testing Texas License Suspension Program Overview Texas License Suspension Summary of Laws Texas Occupational Driver License Texas Restricted Interlock License The ALR Process DWI Trial Process Fees and Payment Policies Frequently Asked Questions in Texas DWI Cases Office Location Preliminary Interview Who is Ken Gibson? Archives January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 Categories Austin DWI (61) Austin Police (2) Breath Test (16) Drivers License Suspension Victories (31) DWI Victories (30) News (42) Meta Login Valid XHTML ©2005 Law Office of Ken Gibson Licensed by the Supreme Court of Texas.
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DUI InsuranceKansas DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Kansas Topics Kansas DUI Kansas Car Insurance Kansas DUI Lawyers Google Search Results Kansas Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Kansas DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute All Rights Reserved Send eMail Advertise With Us
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DUI / DWI, Drinking 
