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California DUI defense lawyerWhile there are a few exceptions to the rule, officers cannot typically stop a driver unless they have reasonable cause to suspect wrongdoing (that includes traffic violations). However, once a driver has been stopped, the officer may then search for any additional signs of a potential crime. More specifically, they look for signs of intoxication, such as slurred speech, bloodshot eyes, or balance issues. If flagged for any one of the alleged “tell-tale signs” of intoxication, the driver may then be subjected to a field sobriety test. Learn more about them, and how you can fight a DUI charge, with help from the following information. (Note: you are not required to engage in field sobriety testing.)

“Standardized” Field Sobriety Tests

Before the late 1970s, law enforcement lacked a consistent method to detect intoxication among drivers. Instead, they were forced to rely on their own judgment and a variety of tests with unknown accuracy rates. Then, in 1977, the NHTSA initiated a study of the various FSTs being used. Their hope was that a reliable and “scientific” method would emerge. Enter today’s version of the Standardized Field Sobriety Test – a battery of tests that officers routinely use to determine if a driver is intoxicated. These include the:

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Santa Cruz DUI defense lawyerIf you have never been pulled over for drunk driving and received a breathalyzer test, the technology might seem infallible – it was developed by law enforcement, after all. However, as outlined in the following sections, breathalyzers (and other sobriety testing methods) are anything but foolproof. In fact, there are several everyday items – things that would never lead to actual intoxication – that may cause a false positive on a breathalyzer.

The Complex and Inaccurate Nature of Breathalyzers

Breathalyzers are not perfect devices. They must be calibrated regularly, and the officer using it may not administer the test correctly. Yet, even in perfect conditions (i.e. a well-calibrated device, proper use, etc.), a breathalyzer may be inaccurate.

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California DUI defense attorneyCalifornia’s nightlife is artistic, musical, fashionable, and fun. It also ends at two in the morning, which is a bit early for some. A bill, entitled “Let Our Communities Adjust Late Night Act” and introduced by Senator Scott Wiener, could change that by extending the last call until 4 a.m. Supporters believe that the bill’s passing could improve safety for the state’s nightlife crowd, but naysayers are concerned it could increase the volume of drunk drivers on the road. Who is right, and how might the extension impact your risk of a DUI charge? The following explains.

Safety, State Revenue, and Local Venues

Legislators and authorities have long considered California’s nightlife as a problem to “manage,” but that is starting to change. Finally, they see its true potential – a way to increase state revenue and the bottom line of local venues. Part of that could be related to the increasing number of people traveling in and out of the state for leisure activities, but it could also have something to do with the Ghost Ship warehouse fire that killed dozens of music fans. By keeping safe, licensed establishments open longer, similar tragedies are far less likely to occur.

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California marijuana DUI lawyerMedical marijuana has been legal in California for two decades. Last year’s election also brought an approval of recreational cannabis use in California. Unfortunately, there is still a lot of confusion about what it means to drive under the influence of marijuana. Learn more about the laws, and what you can do if you are arrested for driving under the influence of cannabis.

California Still Lacks a Definitive Limit

With alcohol intoxication, the law is straightforward: anyone driving with a blood alcohol content of 0.08 or greater is subject to criminal charges. With cannabis, there is no such limit. Recently, a bill that would impose a 5ng/ml blood level for delta-9-tetrahydrocannabinol (THC) was passed through the Committee on Public Safety. It is now heading to the Committee on Appropriations. Until it passes fully through the system, the law remains confusing and contradictory. There is no limit, and that means one person might be arrested for trace amounts, despite not being intoxicated, but another person might not be.

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