Almost all DUI investigations include having a DUI suspect perform various balance and coordination tests. These tests are referred to as field sobriety tests or FST’s. The theory behind these tests is that they test a person’s ability to divide attention. Driving is portrayed as a divided attention task. One has to both operate the automobile and also pay attention to other cars, pedestrians, and traffic controls on the road. (more…)

When a DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities.

California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test. (more…)