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Law Offices of Jonthan Franklin - Blog
Social media plays a huge role for individuals and businesses. In fact, an individual’s personal and business reputation is greatly impacted by photographs and information posted on social media sites like Facebook and Twitter. Here’s a question for you. Should law enforcement use social media to “shame” drivers accused of driving under the influence to discourage everyone from committing the same offense?
When most Californians think of driving under the influence, or DUI, they automatically think the charge involves driving after drinking alcohol. Recently there has been a steady increase in the number of another type of DUI case—the one involving drugs. More specifically, there has been an increase in prescription drug-related DUIs.
In the final look at Standardized Field Sobriety Tests, or SFSTs, we turn our attention to the one-leg stand. Like the walk-and-turn test, the one-leg stand is a divided attention test to gauge a driver’s ability to listen to instructions and perform simple tasks. The test is an indicator of a driver’s level of intoxication. The National Highway Traffic Safety Administration, or NHTSA, claims that the test is easy for a sober person to perform, but not for someone who is drunk. That is why the test is used to determine whether a driver is under the influence of alcohol or not.
The walk-and-turn test is one of three standardized field sobriety tests. These tests, commonly called SFSTs, are given to drivers stopped for a traffic violation and suspected of driving under the influence, or DUI. The tests are used to establish probable cause to arrest a driver for DUI. The tests can also used as evidence in a criminal DUI court case to how the person’s driving ability was impaired by alcohol intoxication.
The Horizontal Gaze Nystagmus, also referred to as HGN, is one of three standardized field sobriety tests, or SFSTs. These tests are administered during a traffic stop and after a driver is suspected of driving under the influence of drugs and/ or alcohol (DUI). SFSTs are used by police to obtain the probable cause needed for a driver to be arrested for DUI.
California does something that a lot of other states do not do. Police conducting drunk driving checkpoints, commonly referred as sobriety checkpoints, have the right to check drivers for driving under the influence (DUI) and, surprisingly, something else. They can conduct a saliva test on any driver they suspect of being under the influence of a controlled substance.
California Vehicle Code 23612 covers implied consent laws with respect to driving under the influence or DUI charges. Implied consent basically means that anyone who operates a motor vehicle in the state has given his or her consent to chemical testing. The chemical testing includes taking a sample of a driver’s blood or breath after being stopped for suspicion of DUI. In other words, the implied consent law requires drivers to submit to a DUI chemical test when a police officer requests him or her to do so.
If you have a prior driving under the influence, or DUI, conviction, a new arrest and subsequent charge may have devastating effects. With each DUI conviction, penalties dramatically increase. For example, a fourth DUI charge may become a felony. As a result, you can face time in a California prison, if convicted.
Arrested for driving under the influence, or DUI? There is good news. You have only been charged, not convicted of DUI. Do you want better news? Retaining a DUI defense lawyer experienced with drunk driving cases could help you beat the charges. You see, a DUI defense lawyer has many strategies to use in a DUI case. One of the most effective defense strategies is challenging the chemical test.
You were involved in a traffic accident. The last thing you are thinking about is hiring a criminal attorney to represent you. Unfortunately, some drivers are charged with driving under the influence, or DUI, or another crime after being in a car accident. You may be one of them.
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