Field Sobriety Tests

June 26, 2016

DUI And Breathalyzer Tests In Sacramento

If the law enforcement officer has reasons to believe that you were operating your vehicle under the influence of alcohol, he or she will have the right to ask you to submit yourself to a breathalyzer test that will test out your BAC (Blood Alcohol Content) levels. The testing process itself is quite straightforward – all you will have to do is breathe in a special tube twice with a two minute interval between the tests. During this interval the breathalyzer is going to run a so-called dummy test in order to clean up any residual alcohol from the device.

Two readings from the breathalyzer are consequently averaged into a single result, which ensures accuracy. In case the breathalyzer is indicating that your BAC equals or surpasses .08%, the law enforcement officer will have every right to arrest you for driving under the influence of alcohol.

The breathalyzer was invented more than 50 years ago and it was serving the law enforcement officers ever since. Nevertheless, Sacramento DUI attorneys from all over the country were constantly arguing about how accurate the test really was and whether it should be trusted at all. After all, most breathalyzers are using outdated software, which may not be as useful as before. Nevertheless, the court finally ruled out that breathalyzers can be trusted, but the law enforcement authorities are obligate to constantly updated their software in order to get the most accurate results possible.

However, quite recently, the court had to admit that breathalyzers are becoming a thing of the past and are not delivering accurate results, so they will need to be replaced with something more sophisticate by the year 2016. The attorneys are now waiting for the new devices to be delivered by the government officials – devices that are more accurate and are using updated software only.

One way or the other, if you or your loved ones were charged with a DUI and the breathalyzer test results are against you, it is very important to get in touch with a qualified DUI lawyer Sacramento specialist at the earliest opportunity. A skillful lawyer will have the expertise and the experience to challenge breathalyzer test results in court. The breathalyzer BAC test is not delivering the ultimate results and it is important to consult toxicology experts as well as professional technicians on how accurate the results really are.

Therefore, if you do not want to experience all the detrimental DUI penalties (loss of driving privileges, expensive fines, community service, alcohol awareness classes, jail time) and wish to fight against the breathalyzer test results, do not hesitate to find a good legal representative, who is going to have what it takes to fight the court on this matter. Although breathalyzers are very common, it does not mean that you cannot fight against their results and a good Sacramento DUI attorney is going to help you do so using the best defense strategies out there.

May 22, 2016

DUI And Toxicology Evidence

DUI attorney SacramentoThere really is no doubt that when it comes to Sacramento DUI offense, the law enforcement authorities are generally quite unforgiving and will do their very best to convict a person. Penalties for driving under the influence of alcohol can vary, but one way or the other – they will have a significantly negative impact on your day to day living. You risk losing your driving privileges, you will have to pay expensive fines, get a new insurance, perform community service, attend alcohol awareness classes and even may need to spend time behind bars in county jail.

With that said, when it comes to driving under the influence in Sacramento, the prosecutor is going to use all the available evidence against you in court. One of the major pieces of evidence is without a doubt the result of various toxicology tests. Now, you would think that seeing how we all live in an age of progressive technologies as well as various innovative solutions, these tests would be perfectly calibrated and would deliver the ultimate indisputable results. Unfortunately, the test is not perfect – far from it, so its results may be subjective and you could argue about them in court.

Chances are, you noticed that the tubes they use for toxicology testing have white powder in their base. This powder functions as a preservative as well as anticoagulant for the taken samples. This powder is inserted during the manufacturing process and it is strictly regulated when shipped to the law enforcement authorities. Nevertheless, at times, the amount of powder is incorrect, which can really mess up the sample and this is something that could have a negative impact on the overall results in general. Although such cases are rare, you will not want to be the one, who has to deal with their consequences. Furthermore, do not forget that the matter of time is also at play here. The time between the sample was taken and when it was actually tested also can play a pretty big role in your case. The results may not be accurate enough, so one should definitely challenge those in court.

If you have reasons to believe that test results were incorrect or inaccurate, it is very important for you to have a local DUI attorney Sacramento specialist by your side, who will know how to handle the issue. He is going to cooperate with professional toxicologists in order to determine just how accurate test results really are and if there are inconsistencies or errors, test results will not be used as evidence against you. Therefore, the very best course of action is working with a local Sacramento DUI lawyer in order to disprove the accuracy of test results.

April 30, 2016

Find Out What Portable Breathalyzers Considered To Be The Best

Drinking alcohol and getting behind the wheel is never a good idea. There is always a chance that you will cause an accident. While driving under the influence of alcohol you turn into a genuine threat for other drivers, their passengers as well as the pedestrians. With that said, there are certain cases, when you did not drink that much and you believe that it is OK for you to drive. Well, it is very important to have the means to test your theory. Thankfully, the market these days is pretty much filled with all sorts of breathalyzers that will allow you to measure your BAC (Blood Alcohol Concentration) in order to make an informed decision in line with the test results.

More information is available at

Here are some of the most popular and effective solutions on the market thus far:

  • BACtrack is one of the most accurate as well as effective breathalyzers out there. It is a very convenient device – it can be connected to your phone via Bluetooth and you can get all the results on screen in the matter of minutes. In addition, the breathalyzer is going to provide you with an approximate estimate that will tell you when it will be safe for you to drive.
  • AlcoHawk Pro. This professional breathalyzer is approved by the NHTSA as well as DOT. It is using the semiconductor oxide. The sensor is very accurate and delivers accurate results within the very least amount of time possible. Furthermore, the FlowCheck technology is used in this sensor in order to determine if the person blew hard enough to measure his BAC.
  • BreathKey is a very popular solution, due to its size. It is basically a key chain that can also measure your BAC. The device uses technologies that are similar to the ones used by the law enforcement authorities. BreathKey is FDA approved and delivers very accurate results, due to the fact that it measures your BAC in thousandths of percent.
  • SafeDrive is a one of a kind breathalyzer that can be used up to 800 times. It also displays results within 7 seconds, which is extremely convenient. The device is equipped with an advanced MEMS gas sensor, making it all the more accurate and extremely easy to use.

There are plenty of breathalyzers available on the market these days. They are effective and very affordable, so it makes sense to get yourself one in order to stay out of trouble for good. Browse through the above-mentioned devices and choose the one that will satisfy your needs and requirements in full.

By Sacramento DUI Attorney

April 9, 2016

Information About DUI Field Sobriety Tests

It is no secret that the number of DUI accidents all over the nation is constantly growing. In these conditions, it is only natural that the law enforcement officers are inclined to make their best in order to comprehend any and all potential DUI offenders. New DUI checkpoints are being placed on roads every month. Hence, if a law enforcement officer had probable cause, he or she can pull you over for inspection. If a police officer is going to have reasons to believe that you were driving under the influence of alcohol, he or she will conduct a certain field sobriety test, which will determined whether or not you were committing a Sacramento DUI offense. There is a number of field tests that law enforcement officers are able to conduct and here are some of the most common:

  • Horizontal gaze nystagmus. Nystagmus is when you are involuntarily jerking your eyeballs. This is more obvious when a person is intoxicated. The law enforcement officer will need you to follow a small object (such as a penlight) with your eyes while keeping your head straight. The officer is going to move the object back and forth and will be observing the reaction of your eyeballs in order to find three cues in each eye. Should the officer identify four out of six cues, you are going to be arrested and charged with a DUI.
  • One leg stand. This is fairly straightforward. The law enforcement officer is going to tell you to stand up straight, with your arms by your sides. You will then need to raise your foot about six inches above the ground and point your toe out. You will then be instructed to count by the thousand and the law enforcement officer is going to watch you, looking for two of four intoxication cues.
  • The walk-and-turn test. The law enforcement officer is going to tell you to stand on the line drawn on the ground. You will have to stand in a heel-to-toe position. You will then be instructed to take nine heel-to-toe steps, without losing your balance. Once you made these steps you will have to turn and make nine more steps and the law enforcement officer is going to be looking for four of eight cues indicating intoxication.
  • There are also some non-standard sobriety tests that some law enforcement officers are going to use in order to determine if you are drunk. For instance, the police officer may ask you to count to 100, tell him how many fingers he is showing, recite a part or the entire alphabet, close your eyes and touch your nose with your fingers and so on.
  • There is also a BAC breathalyzer test. Now. This test offers most definitive results, although even this test is not completely reliable. However, you must give your consent to submit yourself to the test. However, you should know that your refusal to submit yourself to this test is going to result in court issuing a separate summon on the matter of your refusal. Simply put, should you refuse to submit yourself to the test, you risk being charged with DUI automatically and will have to deal with the matter in court one way or the other. There is also one more detail – the officer will have to watch you for 20 minutes prior to giving you the test in order to make sure that your breath is not contaminated with any foreign objects.

Sacramento DUI Attorney