Saturday, September 13, 2008

California DUI / Drunk Driving Officer opinion of under the infuence

California DUI attorneys are often asked how can a California DUI police officer claim that a driver is under the influence? www.SanDiegoDrunkDrivingAttorney.net/articles

In a California DUI / Drunk Driving investigation in California, the California DUI / Drunk Driving police officer usually claims that the DUI suspect “performed poorly” or “failed” California DUI / Drunk Driving field sobriety tests and the handheld California DUI / Drunk Driving breath test often claims that the driver’s blood alcohol level was above the legal limit.

Based on this, the California DUI / Drunk Driving officer would “form an opinion” that the driver is under the influence or the driver’s ability to drive a motor vehicle safely is impaired. After this, the California DUI / Drunk Driving officer would arrest the driver and take him/her to the police station (or hospital) for a California DUI / Drunk Driving chemical test.

The driver suspected for California DUI / Drunk Driving would choose between a breath test and a blood test. California has an “Implied Consent Law” that says that a person who is arrested lawfully for California DUI / Drunk Driving should submit to one of these tests.

A California DUI / Drunk Driving refusal could subject the California DUI / Drunk Driving suspect to stiffer California DUI / Drunk Driving court penalties and possibly a one-year (or longer) driver’s license suspension.

If the driver chooses a California DUI / Drunk Driving blood test, the blood sample would be forwarded to a crime lab for analysis.

If he/she chooses a California DUI / Drunk Driving breath test, the officer would see the blood alcohol content reading immediately after the driver blows twice into the California DUI / Drunk Driving breath test machine.

The California DUI / Drunk Driving officer sometimes tells the DUI suspect of the result, according to California DUI / Drunk Driving lawyers.