Wednesday, October 5, 2011

Without Field Sobriety Testing, a California DUI officer can lack legal cause to arrest even with odor, admission, red eyes and cop's opinion

California DUI attorneys are free to rely on this case to suggest that absent a proper field sobriety test evaluation, a police officer investigating a possible DUI does NOT have legal cause to arrest a person for DUI even if the person:

1. Has a strong odor of alcohol;
2. Admits drinking;
3. Has red, bloodshot and watery eyes;
4. To the officer, who believes based on his training and experience, that the person was under the influence;
5. Was arrested for DUI or drunk driving before and does not think he can do the FST's so the person refuses to take the tests.

San Diego DUI lawyers can cite this case as persuasive.