Bakersfield DUI Criminal Defense

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Bakersfield DUI Criminal Defense - Understanding DUI Police Observations

If you are arrested for DUI by a Bakersfield police officer, he will need to justify his action during your trial. For that, they will need to make observations related to you to prove that you were intoxicated. On observing a symptom, they record it. A seasoned attorney will request for a copy of those observations, so he can defend you properly. Having an understanding of these observations is essential, so you know what you

DUI police observations can be really complicated. Here are some important things you should know about these observations:

  • Odorless Alcohol: Alcohol doesn't have any odor. What is often mistaken as alcohol's odor is basically the smell of the different ingredients used to make it. Beer containing around 4.6 percent of alcohol will have a smell similar to that containing 0 percent alcohol. Hence, if an officer states that he detected alcohol's smell on your breath, your attorney can infer that the office cannot properly recall the odor he If the judge sees eye to eye with you on this point, the DUI charges against you can be dismissed.
  • Red Eyes: An officer can arrest you for DUI if he spots redness in both your eyes. You need to inform your lawyer of this observation and inform him of other logical reasons behind your bloodshot Besides drinking, lots of other things can result in red eyes.
  • Zigzagging on the Road: If the officer states he found you zigzagging on the road within your lane, then this might not be a very good reason to charge you for DUI. He should be able to explain the intensity of weaving and the distance you covered while If your attorney is an experienced one, he will be able to tackle this observation easily.
  • Shifting Lanes without Using a Signal: You must change lanes using a traffic signal if the road is jam-packed with traffic. However, you don't need to signal on a completely empty road, so if an officer doubts you for changing lanes on a clear road, then his charges aren't
  • Anonymous Call from a Citizen of Your State: If an officer stopped you on receiving an unidentified tip from a resident of your state, then the officer doesn't have a legitimate reason to stop you. He must identify the caller; find out how he had the knowledge of the DUI person; and from where he obtained this information. If an officer fails to find all this information, he cannot stop
  • Unjust Field Sobriety Tests: Field Sobriety Tests aren't always a fair way of finding out whether or not you are intoxicated. You might never be good at balancing, or aren't feeling well that night, so weren't able to walk A good attorney is able to refute the observations made in these tests with ease.

Overview of Detection during the DUI Police Observations

Detecting a DUI or DWI {driving while impaired) person is extremely important. If an officer fails to spot DUI violators, the DUI countermeasures regime will fail as well. Unless officers notice and arrest DUI violators, they cannot be prosecuted by prosecutors, and cannot be given punishments by the court of law.

The DWI is properly defined as: ‘The complete process of detecting and collecting proof to decide whether or not a suspicious person should be taken into custody for the violation of DUI.' This process starts as soon as an officer doubts that a person might be driving under influence and it ends if the officer concludes that there is no legitimate reason to take the suspect into custody.

This process is a very tricky one as there are several reasons that can catch the police officer's attention. A loud noise on the road; the violation of a certain law regarding vehicles; any unusual but legal behavior and several other reasons can make an officer doubt a person. Initially, the officer has a reasonable suspicion, or at times no suspicion to stop a person and investigate him. If he is unable to identify any legitimate proof that the suspect is a DUI violator, he has to let him go and the process ends. If the officer finds solid evidence on the suspect, he arrests him and the process ends in this case too.

There are three phases of the DWI detection procedure. In the ‘Phase One,' the officer observes the person driving the automobile. The ‘Phase Two' begins when the officer has stopped the automobile and will have a personal contact with the driver. He will observe the driver and speak with him face-to-face. After that, he moves on to the ‘Phase Three.' In this phase, he carried out some pre-arrest screening in the form of field sobriety tests, breath test or at times the blood or urine tests.

This process doesn't necessarily have all the three phases every time. At times, the Phase One is absent. This happens when the officer did not get a chance to watch the automobile while it was in motion. This can take place at the scene of an accident, or in cases when you have been called on by another officer for assistance. At times, the Phase Three is absent. This happens when the person driving the automobile is severely injured and you cannot perform tests on him; or if he rejects to carry on with the tests.

In each of the three phases, an officer has to perform important tasks. In Phase One, he has to monitor the automobile in motion. Based on his observation, he has to decide whether or not he should stop it. If he has a strong suspicion, he should stop the vehicle.

In Phase Two, the officer has to interview the suspect and observe for any symptoms of DUI. He has to decide on the basis of this observation whether or not he should ask the driver to exit the automobile for further inquiry. Next, he has to notice how the driver walks out from the vehicle.

When Phase Three starts, the officer has to administer formal psychophysical tests and has to decide whether or not he should arrest the suspect. Then, he has to arrange for a basic breath test. Based on the results of the tests, the officer has to conclude whether or not he should take that person into custody

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