It is a crime in California to drive under the influence of drugs and/ or alcohol. A driver can be prosecuted and penalized for the crime in a variety of ways. One way is by focusing on the following elements when deciding when to file charges:
• Driver’s criminal history.
• The circumstances regarding the DUI arrest.
Based on the above factors, prosecutors will charge people with the offense that seems appropriate. However, there are exceptions. One exception involves drivers under the age of 21.
Throughout the United States, law enforcement has made many efforts to educate people about the dangers of driving while under the influence of alcohol or drugs. One part of the education process is using a call of action: report drunk drivers. For instance, you may see a posted sign telling you to call 911 when you notice an individual driving drunk on California city streets or freeways. It does seem simple to report a drunk driver. You call 911 and an officer stops the driver. However, a recent U.S. Supreme Court case just made the issue more complex.
In a driving under the influence case, a defendant’s driving behavior can sometimes be one of the most important issues the prosecution can try and use to secure a DUI conviction. Driving patterns like driving too slow, speeding or drifting in and out of lanes are some examples of driving behavior connected with drunk driving. However, poor driving skills or even distraction does not automatically prove that a driver was under the influence of drugs or alcohol.
Around the country legalizing marijuana for recreational use has been hotly debated. In fact, the sates of Colorado and Washington have legalized or are planning to legalize marijuana. There are more states following their lead. It is a path the entire country may travel in the near future. Throughout the US, especially California, majority of voters are in favor of making marijuana legal. However, one of the most pressing issues with marijuana legalization is the potential effect that is has on driving abilities.
If you have been arrested for driving under the influence of drugs and/ or alcohol in California, there are some things you should know. First of all, you are not alone. About 472 Californians were arrested for DUI every day in 2012, according to data collected by The Century Council.
Social media plays a huge role for individuals and businesses. In fact, an individual’s personal and business reputation is greatly impacted by photographs and information posted on social media sites like Facebook and Twitter. Here’s a question for you. Should law enforcement use social media to “shame” drivers accused of driving under the influence to discourage everyone from committing the same offense?
When most Californians think of driving under the influence, or DUI, they automatically think the charge involves driving after drinking alcohol. Recently there has been a steady increase in the number of another type of DUI case—the one involving drugs. More specifically, there has been an increase in prescription drug-related DUIs.
In the final look at Standardized Field Sobriety Tests, or SFSTs, we turn our attention to the one-leg stand. Like the walk-and-turn test, the one-leg stand is a divided attention test to gauge a driver’s ability to listen to instructions and perform simple tasks. The test is an indicator of a driver’s level of intoxication. The National Highway Traffic Safety Administration, or NHTSA, claims that the test is easy for a sober person to perform, but not for someone who is drunk. That is why the test is used to determine whether a driver is under the influence of alcohol or not.
The walk-and-turn test is one of three standardized field sobriety tests. These tests, commonly called SFSTs, are given to drivers stopped for a traffic violation and suspected of driving under the influence, or DUI. The tests are used to establish probable cause to arrest a driver for DUI. The tests can also used as evidence in a criminal DUI court case to how the person’s driving ability was impaired by alcohol intoxication.
The Horizontal Gaze Nystagmus, also referred to as HGN, is one of three standardized field sobriety tests, or SFSTs. These tests are administered during a traffic stop and after a driver is suspected of driving under the influence of drugs and/ or alcohol (DUI). SFSTs are used by police to obtain the probable cause needed for a driver to be arrested for DUI.