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Oct 16
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A client stopped by my office yesterday to tell me he had a few drinks at a party and a police officer pulled him over on the way home in Palm Springs. He did not think he was drunk but the officer made him take several field sobriety tests. My client felt that this was unfair because he didn’t think he was showing any of the typical signs of intoxication, like slurring his words. But, according to Vehicle Code Section 23152a, “It is unlawful for any person who is under the influence of any alcoholic beverage or drug or under the combined influence of any alcoholic beverage, to drive a vehicle”. According to Vehicle Code Section 23152b, “It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle”.
He told me the police officer made him take a ‘Horizontal Gaze Nystagmus’ test. He had to follow the movement of the police officer’s pen. The police officer made him count backwards and touch his nose as well. He was under the impression that this was an infringement of his rights because he felt the police officer was on a fishing expedition, looking for any reason to arrest him for DUI. Unfortunately, when an officer suspects you of driving under the influence, he is perfectly in his right to test you. This is why I recommend that if you have been drinking, just don’t drive.
He was certainly scared; this had never happened to him before and he didn’t know what to expect. Fortunately in a case like his, it is typical to not receive any jail time, but there is a fine to pay between $300 and $1,000. It’s also likely that his car insurance premiums will increase and he’ll probably have to attend mandatory alcohol classes for 3 to 9 months.
The best course of action is to always avoid driving after drinking alcohol. But if you are pulled over, the next best thing you can do is to contact an experienced DUI lawyer immediately. Good legal help can mitigate or even prevent the damage that a DUI conviction can bring.