The Determination of DUI - Inherently Flawed in Many Ways
There are many ways in which police officers make the determination that a person has been driving under the influence. When looked at closely, it is easy to understand the flaws and loopholes in each one of these approaches:
Alcohol breath: DUI arrests usually stem from some form of traffic stop. It could be for driving over the speed limit or some other minor traffic infraction. We always hear from police officers in court that they "smelled alcohol" in the car or in the breath of the suspect. Now, alcohol by itself has no odor. The smell is essentially the odor of the drink you consume. The odor only tells the officer what drink you may have had, such as whiskey, beer or gin. It doesn't tell the officer how much you drank or your level of intoxication. Often, it can be a very misleading indicator.
Driving and Demeanor: You often hear that someone was stopped on suspicion of driving under the influence because of erratic driving. How many drivers do we see everyday who are distracted when they're changing a CD or talking on the cell phone or even when they are confused about directions? Police officers also describe the demeanor of their suspects saying that they were unable to hold on to objects or simply "fumbling" when they're asked for their license. But then, is it reasonable to expect someone being approached by a police officer to be a little nervous and therefore uncoordinated? Sure, it happens all the time. These are judgments made on the spot by police officers and are absolutely open to interpretation and debate. They are by no means evidence of guilt.
Field Sobriety Tests: The Standardized Field Sobriety Test (SFST) is usually a battery of three tests used by police officers to obtain a probable cause for arrest. The three tests are the Horizontal Gaze Nystagmus, the Walk-and-Turn and the One-Legged Stand. Although the tests were developed under the sponsorship of the National Highway Transportation Safety Administration, the same federal agency later found through another study that not only are most of these tests only partially effective, but that numerous police departments don't train their officers properly to perform these tests.
Breath Machines: Police officers in Orange County use a small, pocket-size device known as "preliminary alcohol screeners" or PAS devices. Officers started using these for convenience and portability because the Breathalyzer machines though more accurate and reliable, are much larger and can't be carried around in a squad car. The result? The PAS results were not admitted as evidence in court when the cheap instruments first came into existence. But now they are widely accepted in courts, although still quite primitive and unreliable.
If you or someone you know has a DUI or drunk driving case in Orange County and needs legal counsel or assistance, please call the experienced dui defense lawyers at Coffey & Coffey today toll free at 1-800-706-7888, or click here for our online contact form to schedule your free initial consultation.
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