Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here How Blood Tests Work in DUI and DWI Cases »
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- Once the police asks you to pull over for DUI or DWI, you will be required to give a breath test or you may end up taking a blood test to measure the blood alcohol content (BAC) in your body. The BAC level a crucial piece of evidence that the prosecution will use in proving that you were driving drunk.
Thus it is important to understand what this test measures, how it is administered and what can affect the results.
There are devices that have now been placed in police cars, known as breath testing equipment, that measure breath alcohol levels in suspected drunk drivers. But in case you have been accused of DUI or DWI and believe that the breath analysis is not accurate, you should request a blood test.
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Two Men Hurt in DUI Rollover Crash »
Mason Pedotto, 26, has been charged by the police with driving under the influence of alcohol. He was driving the car too fast, when he struck a curb, he lost control on the vehicle and rolled over several times on Palmer Park Boulevard, a block west of Union Boulevard. The accident occurred on Friday around 1:45 a.m.
One of the passenger Daniel Vanderhoef, 29, was ejected from the vehicle, and it has been told by the police that he was not wearing a seat belt. Pedotto crawled from the wreckage and called for help.
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Be Patient While Recording DUI Statement »
USE THIS RIGHT! DO NOT GIVE EXTRA INFORMATION WHICH CAN BE PUT AGAINST YOU! It is wise to refrain from replying any question or telling things that doesn’t relate to your personal identity like name, date of birth, address or your car registration, car insurance, and driving license because this is the only information which law demands from you to give to detaining police officers or to authorities involved in your arrest, chemical examination, or imprisonment.
Yes, California laws DO demand from you to provide identification, verify your present address, and show the documents like your vehicle registration, car insurance, and license…but not anything beyond IT!
Use your right to keep silent because anything you state except what has been asked by law can inevitably be taken against you as evidence if you’re charged with DUI. The little you speak, the better it is.
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Understanding Search and Seizure Law: The Fourth Amendment »
You should learn when the government can invade your privacy to hunt for evidence of a crime.
Limitations have been put on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons) by the Fourth Amendment to the US Constitution.
These limits are considered as the bedrock of search and seizure law. In this article I have tried to cover the basic issues that you should know about these limits, it starts with an overview of the Fourth Amendment itself.
The Fourth Amendment: Protecting Your Privacy
The statement of the Fourth Amendment to the US Constitution reads as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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Probable Cause in DWI Arrests »
On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror and caught a glimpse of the dreaded red and blue flashing lights. One of the cops came near to your window and you were asked to step out of the car. After taking some field sobriety tests, they took you to the police station and then you are charged with a DWI. Someday you were out at a party, and the results of your breathalyzer test shows that you have a BAC level above the legal limit of .08. It seems to you like case has been closed for you – Isn’t that?
Yes it is not wrong that a large portion, even though a majority of DWI-related arrests lead to a subsequent conviction in court. Having so many laws that require DWI suspects to submit to test after test, and breathalyzer devices are widely used despite of fierce ongoing controversy over its reliability, it is a little surprise that many people feel helpless when they face a DWI charge.
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DWI Probable Cause »
However, the officer must have probable cause that the driver was driving while intoxicated before he can arrest a driver for drunk driving. The standard of a probable cause is higher than reasonable suspicion. Thus, if the driver is swerving a little bit then it doesn’t give an officer the right to arrest that driver for drunk driving.
Indeed, what the officer should do is that he must pull over the driver and assess the situation and after getting the driver perform field sobriety tests or observing him or her for a few minutes, and after knowing with reasonable certainty that the driver is intoxicated then only he may arrest him or her for drunk driving.
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Detailed Report on Ohio DUI Arrest on motorized bar stool »
In the first time in history of United States, Cops in Ohio, arrested a man for drunk driving a motorized bar stool. I am not kidding, It was a motorized bar stool, which you can see below in a police evidence picture.
It was reported that Kile Wygle, 28, had a little crash while he was racing his barstool near his home in Newark. He got injured and called 911.
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Questions that a Lawyer Probably Ask to Defend a DUI »
It could be a very threatening experience for a person who is accused of DUI or DWI. Most people do not appeal in courts against such accusation, especially when a police officer has caught them “red-handed.” Mostly those persons who knows that that the accusation is true, those person immediately starts panicking, and might also ready to accept whatever plea bargain the state offers in such cases, just to escape from trial and in order to get rid of the problem as soon as possible. However, a legal defense to DUI or DWI is always there, if a person wants he can avail the facility there are several different questions that can be asked from the arrest. All drivers must have knowledge of those expected questions so that they are able to answer them in case of arrest in DUI:
Was the defendant and DUI the same person?
Prosecution will surely have to prove that the driver was DUI, but the defendant and the accused driver are the same person it also has to be proven by the prosecution in the court of law. There is a possibility that there might not be any eye witness of the accident. It is the right of driver that he may remain silent when he is asked a question that was he driving the car or not but many times when already panicked drivers are little bit cross questioned they admits to everything for which they are accused.
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