How does Rochin v California affect DUI cases?
Applying this case to California DUI cases, “divided attention” field sobriety tests (“Stand at attention with your eyes closed and tell me when 30 seconds have passed”) should be similarly inadmissible without Miranda warnings. Rochin v. California
What are the rules of evidence in a DUI case?
The Federal Rules of Evidence, (FRE 702) permits an expert to give his opinion “if scientific, technical, or other specialized knowledge will assist the trier of fact…” In this case, the trial judge excluded expert opinion testimony as to tire design because he found it unreliable.
What did the Supreme Court decide in the California DUI case?
The court distinguished between questioning to determine the manner of speech (slurred) and the content (what was said). Applying this case to California DUI cases, “divided attention” field sobriety tests (“Stand at attention with your eyes closed and tell me when 30 seconds have passed”) should be similarly inadmissible without Miranda warnings.
How are field sobriety tests used in DUI cases?
After his arrest, a drunk driving suspect was given field sobriety tests at the police station. Some of these included questions like “Do you know what the date was of your sixth birthday?”
Can a DUI Refusal charge be thrown out?
If after being able to review a driver’s arrest information it is found that the proper test standards were not followed when asking that a driver take a breath or blood test, it may very well be possible to have Breathalyzer or blood test refusal offense thrown out of court for a case dismissal of the charges.
What to do if a driver refuses to take a DUI test?
The local lawyers who will review the arrest details for the best options of what to do defending why a driver did not take and refused to take the DUI breath or blood test, have accumulated a large collection of maintenance and calibration records for Breathalyzer test devices used on drivers.
What happens if a driver does not refuse a breath test?
In some arrest scenarios when a driver does not refuse a breath test and blows over .08 BAC on the Breathalyzer test, sometimes they make a costly mistake thinking if they plead guilty, it might help get the case over with faster.
Can you fight a DWI charge if you refuse to take a breathalyzer?
This is a necessary first step for fighting any DUI or DWI charge, whether it is for refusing to take the Breathalyzer or sobriety tests, and regardless if it’s for a first-time offense or not.