Sobriety Tests

Call 619-231-6577 to speak with a San Diego Attorney Now, Timothy J. Richardson, Attorney At Law has helped hundreds of residents in San Diego and Southern California.

Being accused of a DUI in San Diego can be defended. Often clients can walk away with significantly reduced fines, probation, sentences and you could even have the case dismissed.

Read the following and compare your experience, and then call to have your personal situation evaluated by a san diego criminal defense attorney.

SOBRIETY TEST

Police Reports:
The police report is only the officer's interpretation.

Were you properly read your Miranda warnings?
Did the police officer stop you for a valid reason?

Were any statements made by you coerced, taken out of context, or misinterpreted?

The Breath Machine:
The Intoxilyzer 5000 assumes that everyone has the same blood breath partition ratio, hematocrit ratio and assumes that all samples are at an air temperature of 93.2 F. California does not utilize any methods which would allow for a retest of breath samples given. The computer software is proprietary and is not available to scientific peer review. There are many things which have been shown to affect a breath test score. These machines are generally not available for inspections by anyone outside of law enforcement. Much of the California program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.

Field Sobriety Tests:
Police make arrests on the basis of probable cause, which is a much lower burden than "beyond reasonable doubt." It is not a police officer's job to determine if someone is guilty. The officer’s observations and interpretations are just part of the evidence—and subject to thorough cross examination.

There is much technical training for a police officer in the field of DUI. There is no law in California which states they must keep up their training on a yearly or any other type of basis with respect to standardized field sobriety training. Many police officers do not make any form of notes on the side of the road with respect to numerous details. Most police officers do not include mitigating or exculpatory information in their reports, mainly negative observations.

Were there distractions during the testing? Were you nervous or tired during the testing? Was the ground level and free of obstructions?

What is your true balance and coordination? Most people would fail one or more of the field sobriety tests sober. In essence, these tests are designed to make the driver fail.

Do you have any physical disabilities that can cause false results?

By retaining a lawyer today, you will be aware of your rights!

Police reports, breath test results, and video tape will be reviewed in an effort to uncover possible defenses that you may not be aware of.