Officer arrived at scene due to call-in from witness about my non-injury collision; no other vehicles were involved. Officer reported odor of alcohol on my breath, and subsequently gave me field coordination tests.
The police report shows that I took the horizontal gaze, one leg stand, and line-walk tests.. but he only observations noted were that I passed. Things like "..able to complete without putting his food down or using arms for balance."
Breathalyzer test was then administered, but and I blew a 0.100%. If FCTs can act as evidence towards your guilt, can they not also be used as evidence of innocence? All I see online regarding FCTs is lawyers seeking to place doubt in FCTs or to refuse FCTs, but nothing about using FCTs as evidence of innocence.
Yes and no. Good performance on field sobriety tests is a defense to being under the influence. But, in California, you will receive two charges: driving under the influence and driving with a .08% or higher. Your performance on the field sobriety tests alone does not prove you were below a .08, but it may show you were not under the influence. You may have some excellent defenses to defeat the .08 count. Therefore, you should contact an experienced DUIS attorney in your area to explore your options. Good luck!
Yes. The DA has the burden of proving .08 or impairment or both. FST's are one of the factors that are looked at but do not make the mistake of acting as your own attorney. "A man that represents himself has a fool for a client". A very famous quote and generally appropriate. Even a doctor knows better than to perform surgery on himself and he or she has medical training. I strongly suggest you schedule a couple of free consultations and pick the lawyer you like, trust and can afford. Good luck to you. Hope this helps?
Of course field activities can be used to support innocence or, more accurately, lack of impairment. If you did so well on the field tests then why were you arrested? You should have the police report evaluated by a qualified DUI defense attorney in Santa Clara County to discuss the evidence you have received and why/how it can be used to defend your case.
Yes, the FSTs can help in a defense of the VC 23152(a) count, which is based on whether you were driving impaired due to alcohol, drugs, or both. However, the bigger concern with your case is defending against the VC 23152(b) count, also referred to as the per se count. This section makes it illegal to drive with a BAC of .08 or above, regardless of how or if the alcohol has affected your driving. You will be charged with both the (a) and (b) counts. The .08 or above issue is also central to the outcome of your DMV hearing. My advice would be to contact a Bay Area DUI attorney - most of us provide free consultations.
I have estimated I've read over 15,000 DUI arrest reports. The lowest BAC was a .001 the highest was a .63%.
I have read a total of (1) police report where the cop said my client "passed" the FSTs ...
And that, I swear, was because it was the rooky cops' first DUI arrest he conducted.
Within range, ALL the FSTs read the same...ALL OF THEM... And I'm sorry, I don't see how a person with a .04% can possibly perform the same as a .36% but according to the police report, they do...
In addition I did the same training fo FSTs as the cops did and I sat in this class and listened to the instructor say IF your subject is a good canidate AND the FSTs were administered correctly, the test themselves are accurate 60% of the time!!!!
60%.....a whole... 60%...
Now considering I've seen HGN performed on people with a glass eye, the one legg stand and walk and turn to a man who was crippled and in crutches, its hard for me to place ANY faith on FSTs...they're total junk and if you think you "passed them" just wait until you see the police report...mark my words ..
Yes good FSTs can show a lack of impairment and if in fact they were very good, then the results might be a source of a motion to dismiss. The pas test is just another FST, but the vehicle code requires it to be the last test and only if the FSTS showed impairment and of course subsequent to an admonition that the test (PAS) is voluntary.
Absolutely, this can be used as part of your defense. A good option for you would be to consult with a local experienced DUI attorney and provide them with all the information about your arrest. A good attorney may be able to negotiate a favorable deal with the prosecutor. Most firms will not charge you a fee for a case review. Best of luck.
FSTs (field sobriety tests), another name for fcts, can be an indicia of not driving under the influence, one of the two sections you are charged with. The problem is that the other section is driving with a blood alcohol reading of .08 or above, and you were above a .08. You need to consult with an experienced criminal defense attorney. And one more thing--to make sure your drivers license is not automatically suspended, you must call the DMV (number on the piece of paper you got from the officer) to schedule a hearing at the DMV. Once you call for the hearing, your license is good until the decision of the DMV hearing officer.
Technically, yes. But there are no studies that suggest displaying certain behaviors means you were not impaired. However, all of the studies suggest that displaying certain behaviors means you are impaired, so a lack of their presence, leads to the inference that you are not impaired. Different ways to say the same thing. But how you present it DOES matter.
That's why you see a lot of emphasis on creating the doubt.
The simple answer to your question is YES evidence of good coordination can be used in your defense. There is a separate charge for driving with a blood alcohol level of .08% or higher and here you appear to be .10%. You really need to speak with an experienced criminal defense/DUI Attorney in your area. Good luck.
