SOURCE: Law Offices of Jonathan Franklin

July 02, 2013 15:34 ET

The Yearly July 4 DUI Rally

Are You Ready For a Breathalyzer Test at 3AM in the Morning?

LOS ANGELES, CA--(Marketwired - Jul 2, 2013) - Police routinely set up checkpoints at certain sections of the streets in order to catch you by surprise. There's no chance to drive around it: you just meet your fate and it's wearing a badge and asking you what you had to drink tonight. This is particularly true late at night and in the wee hours of the morning when drivers are making their way home after a long night of partying. Los Angeles DUI checkpoints are also typically set up during holidays where people are expected to celebrate in droves, especially this long 4th of July weekend.

If you are pulled over and the officer assumes you have been drinking, then you will likely be subjected to field sobriety and breathalyzer tests. If these tests turn up positive, you can expect to be placed in cuffs, read your Miranda Rights, and placed into the back of a police cruiser. However, what most citizens don't know is that most field sobriety tests are not that reliable. Most tests, in fact, can yield inaccurate results especially if the tests were not administered properly by the arresting officer. The test's accuracy is dependent on how it is applied and whether strict procedures were followed.

This is where it becomes helpful to get a Los Angeles DUI Defense Lawyer. If the sobriety tests were not administered to the letter of the law, your attorney will be able to use this in his effort to get your case reduced or dismissed. The administration of these tests is actually quite complex with multiple instructions that need to be followed to ensure accuracy. If any of the steps were omitted or were not done to established, legal standards, then the tests are not reliable and will work to your attorney's advantage when resolving your DUI case.

Generally speaking, one field sobriety test, for example, has the person balancing on one leg without raising his or her arms or setting the other foot down. The test must also be conducted on flat and dry pavement. A Los Angeles DUI Attorney can review any video recording, if available, and carefully look for anything that was not done according to the book.

Police may also use a breathalyzer test, both at the car and later at the station, which also must be followed according to precision. Leaving out the smallest detail can render the entire test unreliable: this includes waiting 20 minutes before administering the test, switching out the mouthpiece after each test and asking the person to take multiple deep breaths before blowing into the devices.

In the event of a DUI arrest, contact a competent DUI attorney immediately for legal representation. Your attorney should be able to anticipate the prosecutor's moves and review your case from every angle. Small holes and defects with respect to the procedures surrounding your arrest may be enough to free you from the harsh consequences surrounding a DUI conviction. Carefully choose an attorney who is very knowledgeable of California law and knows the procedures that must be followed governing field sobriety, breath and blood tests.

Sobriety tests have long been controversial with their accuracy coming into question on more than one occasion. This is why administration of the test must be followed to the T. A skillful Los Angeles DUI attorney will review your case and look for even the slightest misstep by the arresting officer, in an effort to successfully resolve your pending DUI case.

Contact Information

  • Contact:
    Law Offices of Jonathan Franklin