DUI DEFENSE: DON’T SUBMIT TO VOLUNTARY TESTS

November 27, 2015

VOLUNTARY TEST

Los Angeles DUI investigation usually consists of 3 parts.  During the first part, the police make notes of their observation of the driver and his conduct.  During the second part, the police observe how the driver does on voluntary field sobriety tests.  During the third part, the police will take the driver to a station and take his breath or blood for alcohol testing.

 

The first part of a Los Angeles DUI investigation consists of visual observation of the driver.  The officer will make observations and ask driver questions.  Los Angeles DUI attorney do not believe that is helpful to talk to the police officers (here is the link to a previous post discussing this topic).  Any incriminating answers or statement will be written down by the investigating police officer and will be used to prosecute the driver for a DUI.  Any observation of slurred speech, red eyes, smell of alcohol, unstable walk etc., will also be written down the police officer and used to prosecute the driver for a DUI.  Often, there is little driver can do (short of keeping his mouth shot) to prevent the police making conclusions that you were drinking earlier.  Once police is able to conclude that you were drinking earlier, they will ask you to do “field sobriety tests”.  These tests are the second part of a Los Angeles DUI investigation.

 

The tests are designed to show to the police officer how much under the influence you are.  Bad performance on the test will cause you to get arrested.  Most people will do some of the tests because if you do well, you will not get arrested.  However, because these tests are subjective, most people can not do them well.  It is scary to be arrested, however, when faced with an option of submitting to a series of field sobriety tests – it is better to face the possibility of arrest then provide more ammunition for the police.  Most cases defended by Los Angeles drunk driving attorney would be significantly better if the investigation part did not have any field sobriety tests.  The entire prosecution for count “A” of the DUI complaint in Los Angeles is anchored in bad performance on the field sobriety tests.  If you are not certain whether you have to submit to a test, you can ask the police officer if the test is mandatory.  The answer must be “no”, and you will be better of not agreeing to do it.  It is not easy to refuse to submit to these voluntary tests, but DUI Los Angeles attorney think that is one of the best way to help your case.

 

The tests may or may not be difficult, but because there are numerous ways a driver can “fail” the test, most people will make a mistake, sober or not.  Even when you think you did well, you don’t realize that the officer is observing not only the performance on the test, but also conduct not connected to performance.  For example, as part of the tests you will be required to stand and listen to instructions.  While you are listening to instructions, the officer might decide that you had a slight swing from the center and that swing will be determined to be an evidence of intoxication.  Even when the swing is only 1 inch, the officer is free to conclude that you are under the influence and arrest you even if you do well on the actual test.  Alternatively,  if you do well on the test, but begin before the police officer instruct you to start, the officer will determine that you are impaired because you are unable to follow instructions well.  Simply, the police officers are looking for a reason to arrest you and they will usually find it in the tests.

If you are arrested for a DUI, please call our officer to discuss your case.  We will provide free consultation and will defend you in your case sometimes with a nominal payment.  Our rates are very competitive and we are pride ourselves on providing of of best DUI defense in Los Angeles.

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