Orange County DUI Lawyers Report Field Sobriety Tests "Designed For Failure"

In the course of a drunk driving investigation, police officers will usually administer a series of so-called "field sobriety tests" (FSTs). This may consist of a battery of three to five tests, usually selected by the officer; these may include walk-and-turn, one-leg-stand, horizontal gaze nystagmus, fingers-to-thumb, finger-to-nose, Rhomberg (modified position of attention), alphabet recitation, or hand-pat. In an increasing number of law enforcement agencies in Orange County, California and across the nation, a "standardized" battery of three tests will be given - walk-and-turn, one-leg-stand and nystagmus - and they must be scored objectively rather than using an officer's subjective opinion.
How valid are these FSTs? Not very, according to Orange County DUI attorney Lawrence Taylor, a former prosecutor and the author of the leading legal textbook "Drunk Driving Defense, 6th edition". The tests are basically "designed for failure". In 1991, Taylor reports, Dr. Spurgeon Cole of Clemson University conducted a study on the accuracy of field sobriety tests. His staff videotaped 21 individuals performing 6 common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink to drive." Unknown to the officers, the blood-alcohol concentration of each of the 21 subjects was .00%. The results: 46% of the time the officers gave their opinion that the subject was too inebriated to drive. In other words, the FSTs were hardly more accurate at predicting intoxication than flipping a coin. Cole and Nowaczyk, "Field Sobriety Tests: Are They Designed for Failure?", 79 Perceptual and Motor Skills 99 (1994).
What about the new, improved "standardized" DUI tests? Research funded by the National Highway Traffic Administration determined that the three most effective field sobriety tests were walk-and-turn, one-leg stand, and horizontal gaze nystagmus. Yet, even using these supposedly more accurate -- and objectively scored -- tests, the researchers found that 47% of the subjects who would have been arrested based upon test performance actually had blood-alcohol concentrations of less than the legal limit. In other words, almost half of all persons "failing" the tests were not legally under the influence of alcohol!
According to the Orange County DUI lawyers in Mr. Taylor's Southern California law firm, the fact that these tests are largely unfamiliar to most people, and that they are given under extremely adverse conditions, make them more difficult for people to perform. As few as two miscues in performance can result in an individual being classified as "impaired" because of alcohol consumption when the problem may actually be the result of unfamiliarity with the test.
In short, field sobriety tests are unreliable and can be effectively handled in trial by an experienced DUI lawyer.

Lawrence Taylor is the senior member of an AV-rated law firm of Orange County DUI attorneys practicing drunk driving defense exclusively.

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Help From Orange County DUI Attorneys

You might not want to think about it, but if you have gotten a DUI you are probably going to need some major help. Getting a DUI is something that is very serious, and if you aren't careful about the way that you handle it, you could even make it worse without meaning to.
Consequently, if you are going to be able to go on with your life normally, you are going to want to take care to create a situation in which you are in control. The only way that you can be in control of your own fate when it comes to this is to get Orange County DUI Attorneys that can help you.
There are many reasons that you are going to need a Orange County DUI attorney, and the biggest reason is that he will know what he is doing and you do not. Getting a DUI and taking care of it in the court system is something that you are going to want to figure out. You have to be able to really know the system in order to make the most out of it, and that is what Orange County DUI attorneys are there for.
Another thing that you want to remember is that not everyone who advertises that they are lawyers is going to be able to help you in the way that you need help. This is part of why it is so important to deal with companies and law firms that you can trust, and to make sure that you have been given all of the chances to get a good lawyer. For more information and for help finding a lawyer that you can trust, visit WeDoDUI.com so that you can make the most out of this experience.

Gold & Witham are experienced Orange County DUI attorneys who provide the expert assistance necessary for anyone charged with a DUI. To learn more, visit http://www.wedodui.com or call (877) We Do DUI (877-933-6384).

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Orange County DUI Records

A society keeps record of most of the events. The events are recorded in the form of numbers. Births, deaths and marriages are few of the events recorded and kept as statistics for further references to aid decisions for many course of actions. Similarly data and events are recorded in different spheres such as crime and economy.
The purpose of criminal statistics is two fold. The first one controls and restricts the individual's actions to prevent from being committed again. The second purpose is to aid the decision makers, usually the legislatures, legal courts to enact reactive as well as proactive laws to reduce the occurrence of such crimes.
DUI is a crime and therefore the state maintains records of such occurrences through various agencies such as police departments, department of motor vehicle (DMV). It is estimated that there are seven agencies involved in a DUI case. The record contains details like penalty, jail sentence, license confiscation and any attendance of alcohol program.
The record is opened in case of repeat offense and the record remains there always. Based on the record, the punishment for the next offense gets harsher. The record is open to the public and is accessed by individuals, organizations for various purposes. Employers who want to hire may check the criminal record of the individual and therefore the chances of a DUI convict getting employed gets slimmer. Insurance companies also access the record before insuring some one. Some organizations have the policy of not hiring someone with a DUI record.
It is possible to have the DUI records cleared in all states except Illinois. The process is called expungement. Lawyers help clearing the records from different agencies. Other than loss of financial opportunities, the psychological trauma of going through a DUI process and the labeling with a DUI record is often great and this has great impact when the individual is a teen.

Orange County DUI Lawyers provides detailed information on Orange County Alcohol Treatment, Orange County DUI Arrests, Orange County DUI Defense, Orange County DUI Fines and more. Orange County DUI Lawyers is affiliated with Riverside DUI Defense.

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Orange County DUI Arrests

In Orange County, the number of arrests for DUI cases in 1998 was approximately 14,000, according to statistics by MADD (Mothers against Drunk Driving). The number of victims is 2000 for the same year and therefore the number of arrests per victim is 7.
A DUI arrest is made only after certain tests and the officer declares that the accused has failed. When an officer stops the car suspecting that the driver is under the influence, the officer looks for traditional symptoms of intoxication such as flushed face, bloodshot eyes, odor of alcohol of breath and slurred speech. According to the National Highway Traffic Administration, the symptoms that officers look for when searching for drunken drivers are turning with a wide radius, straddling the center of lane marker and almost striking object or other vehicles.
Once the officer feels that the driver is under the influence, the officer will ask the driver to take a field sobriety test. The driver may refuse to take the test, but the refusal may be considered as evidence later during the trial. Hence it is better to oblige the authorities. Further it should also be noted that in California, an attorney can't be consulted before taking the test.
The common definition of field sobriety test is 'any number of tests used by a law enforcement officer, usually on the roadside, to determine whether the driver is impaired'. FSTs test balance, coordination and ability to divide his or her attention among many tasks. The standardized tests are heel-to-toe, one leg stand and horizontal gaze nystagmus.
A DUI arrest is made when there is any accident resulting in injuries and/or death. Once the arrest is made, the person remains at the police station where the case is booked or at the office of the sheriff of the Orange County.
The DUI accused can be bailed out by signing bail bonds.

Orange County DUI Lawyers provides detailed information on Orange County Alcohol Treatment, Orange County DUI Arrests, Orange County DUI Defense, Orange County DUI Fines and more. Orange County DUI Lawyers is affiliated with Riverside DUI Defense.

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Orange County DUI Penalties

Penalties for any offense are designed to prevent offenders from committing it again. The effect for any wrongdoing is the punishment for it. The punishment for DUI offenses are harsher because of the potential consequences of injuries and deaths that may result from it.
The punishments are decided according to the associated factors involved when DUI was committed and the number of times the DUI offense is committed. The type of punishments involve a combination of penalties such as court probation, fines, license to drive the vehicle, attendance in DUI school and jail term.
A first time convicted offender gets a court probation for a period of 3 to 5 years in which he or she has to avoid drinking and driving. But the offender need not report to a formal court officer. The fines are paid either in full or in installments. The diver license is nullified for a period of 6 months. The Department of Motor Vehicles (DMV) has the authority to issue restricted license to travel to work or school. Further the offender may have to attend a DUI school to attend alcohol and drug rehabilitation programs for a period of 12 to 45 hours depending on the level of alcohol concentration in the blood. California laws require mandatory jail of 48 hours. This may be converted to community service.
If the offense is repeated within a period of 10 years, the consecutive punishments get harsher. The second offense carries court probation without any reporting but the third offense requires reporting to an officer. The fines and fees remain the same for second and third offense. The license will be suspended for 18 months and 3 years respectively. The license may be renewed after one year. An ignition interlocking device may have to be installed that tests breath for alcohol. The offenders will have to attend 18 months of DUI school training. The jail sentence is for 96 hours for second offense and 210 days for third offense.
If the offender is convicted of causing injuries, there will be permanent loss of license and severe jail sentence. If manslaughter is involved, it may even be tried as murder charge. Also the fourth offense carries loss of license and jail term.
The above mentioned punishments may vary depending upon the case. There is a psychological side to the punishments. The suspension of license may also result in loss of job, if the job requires continuous travel.

Orange County DUI Lawyers
provides detailed information on Orange County Alcohol Treatment, Orange County DUI Arrests, Orange County DUI Defense, Orange County DUI Fines and more. Orange County DUI Lawyers is affiliated with Riverside DUI Defense.

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Orange County DUI Lawyers - Getting the Right Kind of Help

There are many thoughts that probably have flashed through your mind if you have faced a DUI and the possible outcomes. Above all else, remember that you should not panic. You are going to be able to get through this situation just fine, if you have the help of good Orange County DUI lawyers who can really get the ball rolling and can get you back on your feet.
Why is it important to find good quality lawyers who you can trust? Of primary importance is that you do not want to do this on your own. A DUI charge is something that many people try to handle on their own and simply cannot do it.
You are going to want to make sure that you are able to take care of your DUI charge, but you are going to need the expertise of DUI lawyers who can really help you out. These lawyers are going to be able to take advantage of their experience and apply it to you. They are also going to be able to help the courts learn more about you and deal with you on a personal basis, instead of thinking that you are just another case and treating you as such.
For you, the best thing possible is to find Orange County DUI lawyers who you can really trust, and lawyers that are going to help you instead of possibly hurting you. This is one of the most important actions you can take.
For more information, visit WedoDUI.com to learn how you can help yourself out of your DUI situation. You will be glad that you did this, and you'll find that the results aren't nearly as bad as you might think they will be.

Gold & Witham are experienced Orange County DUI lawyers who provide the expert assistance necessary for anyone charged with a DUI.

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