A Story: Michelle was involved in a serious accident at an Orange County intersection. Witnesses reported that Michelle caused the accident when she ran a red light. The occupant of the vehicle Michelle hit was killed. Michelle was injured and transported by ambulance to the hospital. At the hospital, a…
The vehicle code, section 23152(b) makes it unlawful to drive with “0.08 percent or more, by weight, of alcohol in [a driver’s] blood.” You might immediately note that most DUIs are charged based on a breathalyzer measurement, not a blood measurement. I previously discussed how breathalyzers measure the alcohol…
The primary roadside tool used by law enforcement officers in the enforcement of DUI laws is the Preliminary Breath Test (PBT) or Preliminary Alcohol Screening (PAS) breathalyzer device. These small devices can be easily held in one hand. The officer instructs the driver blow into a mouthpiece on the…
The use of roadside sobriety tests (Field Sobriety Tests or FSTs) for the detection of marijuana influence in drivers is not supported by current research and studies. The Massachusetts Supreme Court recognized this in a recent decision concerning an officer’s testimony on an alleged marijuana-influenced driver’s FST performance. The…
Now that recreational marijuana is legal in California, law enforcement agencies are racing to train officers in roadside drug recognition. Since pot became legal, the Orange County crime lab has seen a 40 percent increase in requests to process blood samples related to driving under the influence of marijuana…
WHAT SHOULD YOU DO IF YOU ARE PULLED OVER AFTER DRINKING After an enjoyable dinner party where several bottles of wine were opened—feeling full in body and mind, but not particularly feeling effects of that wine, or so you think—you hop into your car and head home. A couple of…
HOW ACCURATE ARE FIELD SOBRIETY TESTS? One of the first things an officer will ask a driver to do when he or she suspects the driver is under the influence is to perform field sobriety tests or FSTs for short. In California, drivers are not required to submit to these…
A TOSTITOS BREATHALYZER? In strange DUI news, Tostitos, yeah, the corn chips, is marketing a limited-edition “Party Safe” version of its Tostitos chip bag that …. get this: serves as a breathalyzer. Well, not really a breathalyzer but the bag contains a sensor that will detect alcohol on a person’s…
WEARABLE BLOOD ALCOHOL MONITORS You’ve seen the ankle bracelets that some people are ordered by the court to wear to monitor their whereabouts while under house arrest. And you are probably aware of the Ignition Interlock Devices (IID) that are being ordered in many counties in California after conviction…
SUPREME COURT RULES THAT DUI BLOOD TEST REQUIRES A WARRANT On June 23, 2016, the United States Supreme Court issued a decision in the case Birchfield v. North Dakota, which will affect California’s “implied consent” DUI laws. The Court held that the Fourth Amendment to the United States Constitution permits…