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Drive Sober or Get Pulled Over

Posted by attorney Randy Collins

The California Highway Patrol has stuck to its anti-drunk driving efforts, since launching in 1973. After all, officers on duty are called upon to keep citizens safe, and one of the biggest public safety is drunk driving.

Why, you may ask?

Drunk driving causes a large percent of accidents nationwide; it’s one of the #1 culprits of fatal accidents; and numerous lives are touched by these unavoidable tragedies.

With the drunk driving initiative however, many individuals are falsely arrested and accused of DUI. These methods are not foolproof, and here’s why:

· During field sobriety tests, drivers may fail, and this may be the result of less than ideal weather conditions or road surfaces. Failure to perform as told by an officer may furthermore be the result of nervousness on the defendant’s part.

· Chemical tests, which may seem like the end-all of a DUI conviction, aren’t accurate 100% of the time. A lawyer may retest samples to see if there were any misconduct or tampering of evidence; or that the equipment is malfunctioning.

· The signs and symptoms of DUI – as reported by a trained officer, may just be the signs and symptoms of other conditions – like extreme exhaustion for instance.

· A positive alcohol presence may be the result of a defendant’s underlying illness, such as gastroenterological diseases

· Trained officers may not follow the routine, such as waiting a few minutes to conduct a field sobriety test and more.

Even with these downsides of ** DUI** patrols, initiatives are still prominent in California. Some of the programs enforced include:

· DUI checkpoints – where these are required to be publicized to the public.

· DUI sweeps or probation checkups – past offenders who have been ordered to a probation may be visited by an officer.

If a driver is arrested for DUI, the next steps are left for the court to provide justice – where orders for license suspension, DUI School, fines or even jail time may be given.

Source: California Highway Patrol

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