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HEALTH DISEASES FINANCE
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Steps to respond in drunken
situation
Politely decline to
answer questions without an attorney.
Decline to take any
field sobriety tests
Unless you are
under 21, decline to take any handheld breath test not required by law.
Agree to take a
required "evidentiary" breath test
SAN DIEGO DUI
ATTORNEY
Convinced that we can’t jail our
way out of the drunk driving problem, some judges have created so-called
DWI courts (sometimes called DUI courts). These innovative courts use
substance-abuse interventions and treatment with defendants who plead
guilty of driving while intoxicated. The U.S. Supreme Court has ruled
unanimously that drunk driving is not a violent crime. In the case of
Leocal v. Ashcroft, 03-583, the Court emphasized that drunken driving is
clearly not a crime of violence in the eyes of the law (Title 18 U.S.C.
16).The officer will administer one or more field sobriety tests
(FSTs).
Some
common FSTs include having the driver:
1) Try to
walk in a straight line,
heel-to-toe.
2) Tip his
or her head back with
eyes closed and try to touch the tip of the
nose with the index
finger.
3) Stand
on one
foot.
4)
Reciting all or part of the
alphabet.
FSTs are better at determining
the level of impairment than they are at estimating the driver's BAC.
Chemical test.If arrested, the
driver is brought to the
police station, and given one or more
chemical tests: breath, urine, and/or blood. Breath test results are
usually available immediately and are sometimes given before the actual
arrest takes place; urine and blood samples are sent to a
lab to determine the BAC. In some jurisdictions, refusing to take a
breathalizer test is an offense in itself, often creating an automatic
assumption of guilt under the law. Chemical tests are better at
determining the driver's BAC than they are at estimating the level of
impairment, but their accuracy is disputed by some; see
blood alcohol test assumptions. In any case, tests can only determine
the BAL at the time the test is taken, which sometimes can be higher than
when the vehicle was actually operated. Next step
If it is determined that the
person is not legally intoxicated, they might be released without any
charges. However, many jurisdictions have charges which don't require a
particular BAL, and tests for some drugs will not show up in a test
designed for alcohol. Most of the time, the driver will either be kept in
a holding cell (the "drunk tank") until they are deemed
sober enough to be released, or sent to jail to wait for their first
court hearing (or until they can get
bailed out).
Driving While Intoxicated
The
main results of the study were:
1) The alcohol consumption and the prevalence of heavy drinking was higher among drunk drivers above 29 years of age than among younger ones. Among those above 29 years of age, 40% had elevated blood GGT and 67% had elevated CDT in dialysed plasma. These results suggest that the mean alcohol consumption was greater than 75 g/day, and roughly 30% were heavy drinkers (more than 80 g/day, corresponding to approximately one bottle of wine). 2) The number of heavy drinkers and alcoholics were higher among drivers with high blood alcohol concentration than among those with low blood alcohol levels. 3) Drunk drivers involved in road traffic accident had alcohol consumption levels similar to or greater than other drunken drivers. 4) Recidivists had slightly higher alcohol consumption levels than other drunk drivers. Most Charges Dropped When Police Didn't Show Up in Court. |
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