If you are arrested for a DUI, a recent California court decision allows police to impound and search your vehicle.

The facts in the court case are that California Highway Patrol officers spotted a car on the Bay Bridge and estimated that it was traveling at a very high rate of speed eastbound on I-80.  The officers paced the car’s speed at approximately 110 miles per hour as it exited the Bay Bridge and entered East I-580.   The officers had the driver exit the freeway and park his vehicle on a city street in Oakland.  The driver was the sole occupant of the vehicle.
Police detected an odor of an alcoholic beverage and asked some DUI related questions.  After ultimately arresting the driver for a suspected DUI, the police placed the driver in their police car and decided that they would have the vehicle removed from the location where it was parked and stored for safekeeping, pursuant to California Vehicle Code Section 22651(h), rather than leave where the driver had stopped and parked.

An officer stated that he would not have removed the vehicle if a sober passenger been present to drive it safely away, or if it had been parked in or near the driver’s home neighborhood.   The officer indicated that the vehicle, a Mercedes, was newer and that the driver had parked it in a neighborhood where vehicle thefts were common.  The officer said that he would have removed any vehicle from the area where this vehicle was parked, because it was not a safe area to keep it parked.   The other officer provided a similar statement.  He justified moving the vehicle because it was a brand new Mercedes parked in an area known to be a “high crime area.”

Once the officers decided to move the vehicle, they conducted a search of it based on doing an inventory of its contents.  During this search, they found a box that had three “large” bags of suspected marijuana, as well as a paper bag containing $50,000 in cash.

The driver’s defense attorney filed a motion to suppress the evidence.  The motion was denied.  The denial was affirmed (upheld) by the court of appeal.   The court relied on the California Highway Patrol manual that advised officers to conduct an inventory after a custodial arrest when necessary to provide for the safekeeping of vehicles and the property that they may contain.   The decision to remove the car, the court reasoned, was to protect the vehicle and its contents from theft.  Therefore, the initial decision to remove the vehicle was reasonable under the United States Constitution, Fourth Amendment.

Are there any new DUI laws in 2012 that can affect the outcome of a DUI case?

Yes! The California legislature passed a law that went into effect on January 1, 2012 that actually improves the outcome of a second offense DUI.

Here is the background about the problem and solution:  a person, several years ago, charged and convicted of a second offense DUI, would face a one year suspension during which time the person could not drive at all.  In 2010, second offenders received relief from this one year suspension.  If a person was convicted of a second offense, the 2010 law allowed the person to obtain a restricted license 91 days from the date of his/her conviction for a second offense DUI.  However, the law was silent about a person who was charged with a second offense DUI but convicted of a lesser charge, a “wet reckless”.    Under the provisions of the 2010 law, unlike the person convicted of a second offense who could qualify for a restricted license in 91 days, the person convicted of a “wet reckless” still faced a one year suspension!  This was truly unfair, because typically, when a person is convicted of a “wet reckless” instead of a DUI, that person’s case was far less aggravated (far less serious) than that of a person convicted of a DUI.  So, in essence, the law was punishing a person for having a less severe case and for being convicted of a less severe charge!

The 2012 law corrected this unfairness.  Now, if a person is initially charged with a second offense DUI but is convicted of a “wet reckless”, the person can obtain a restricted license 91 days from the conviction, and not one year as in 2011.

However, the qualification for a restricted license is not an automatic one.  Whether the person is convicted of a second offense DUI or a “wet reckless”, the law requires that the person install for 21 months an interlock device in any vehicle that the person owns or operates.

An interlock device is a machine that is connected to the vehicle’s ignition system.  Before a driver can actually start the motor, the driver must first exhale into the interlock device.  The device is designed to detect any alcohol.  The driver is in essence in a “zero tolerance” situation, meaning that the driver cannot have any measurable amount of alcohol in the driver’s system.

If alcohol is detected, the device prevents the vehicle from starting.  In addition, it reports this positive test for alcohol to the interlock company, who then forwards it to the court where the DUI conviction occurred and to the Department of Motor Vehicles.  The positive test can result in a violation of the driver’s probation.  A standard condition of probation imposed by all courts as part of a DUI conviction is to not drive with any measurable (detectable) amount of alcohol in the driver’s system.  In addition, a positive test for alcohol can cause a possible suspension of the driver’s license by the Department of Motor Vehicles.

In addition to problems caused by positive alcohol tests, the interlock law for second DUI offenses and wet reckless convictions poses other problems.  If a person is married and has several family vehicles, all family vehicles if owned by the person may be subject to the interlock requirement.  A second problem is if the person drives a company vehicle for work.  Besides the embarrassment of having an interlock device in the company vehicle, the person would have to disclose the interlock requirement to his/her employer.  The law does create an exemption to the interlock device for company vehicles if the employer is notified of the interlock requirement and files a document with the Department of Motor Vehicles to that effect.

I am using the language from NHTSA  and DWI Detection and Standardized Field Sobriety Testing, because law enforcement is trained with this information and book.  I want you, the reader, to see what law enforcement if being told about DUI investigations, because you have more likely than not, been subjected to a DUI related investigation conducted in part based on techniques and procedures attributed to NHTSA.

NHTSA directs the officer to administer three scientifically validated field sobriety tests.  Based on the performance on these tests, as well as the observations made concerning the driving and face to face contact, the officer must then decide whether to arrest the driver for a suspected DUI.

One of the three standardized field sobriety tests is the “Walk and Turn Test” (abbreviated as “WAT”).

The Walk and Turn Test is a divided attention test consisting of two stages:

Instructions

Walking

In the instructions stage, the person must stand with their feet in heel to toe position, keep their arms at their sides, and listen to the instructions.  The instructions stage divide the person’s attention between maintaining their heel to toe position and information processing (listening to and remember instructions).  (All information is from Page VII-5).

In the walking stage, the person takes nine heel to toe steps, turns in a directed manner, and takes nine heel to toe steps back, while counting the steps out loud, and watching their feet.  During the turn, the person must keep their front foot on the line, turn in the manner as demonstrated, and use the other foot to take several small steps to complete the turn.  The walking stage divides the person’s attention between balancing, counting out loud and short turn memory (recalling the walking and turning instructions).  (All information is from Page VII-5).

Procedures for Walk and Turn Testing (WAT) per NHTSA

1.  Instruction stage: initial positioning and verbal instructions for Walk and Turn Testing (WAT) per NHTSA

For standardization in the performance of this test, the person performing it must assume the heel to toe stance and be given verbal instructions followed by demonstrations.

The officer must state and then show:

“Place your left foot on the line.” (real or imaginary).  Then the officer must demonstrate.

“Place your right foot on the line ahead of the left foot, with heel of right foot against toe of left foot.”  Then the officer must demonstrate.

“Place your arms down at your sides.”  Then the officer must demonstrate.

“Maintain this position until I have completed the instructions.  Do not start to walk until told to do so.”  Then the officer must demonstrate.

“Do you understand the instructions so far?”  NHTSA reiterates: “Make sure suspect indicates understanding.”  (All information is from Page VIII-9).

2.  Demonstrations and instructions for the Walking Stage for Walk and Turn Testing (WAT) per NHTSA

The officer must explain the test requirements, using the following verbal instructions, accompanied by demonstrations:

“When I tell you to start, take nine heel to toe steps, turn, and take nine heel to toe steps back.”  (The officer must demonstrate THREE heel to toe steps.)

“When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this.”  (The officer must demonstrate.)

“While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out aloud.”

“Once you start walking, don’t stop until you have completed the test.”

“Do you understand the instructions?” NHTSA reiterates: “Make sure suspect indicates understanding.”  

“Begin, and count your first step from the heel to toe position as ‘One’.” (All information is from Page VIII-9).

3.  Test interpretation for Walk and Turn Testing (WAT) per NHTSA

NHTSA claims that research has shown that the following eight clues or behaviors listed below is likely to be observed in someone with a BAC above .10%:  (All information concerning the eight clues is from Pages VIII-10 and 11).

A.  Cannot keep balance while listening to the instructions.

Two tasks are required at the beginning of the test.  The person must balance heel to toe on the line, and at the same time, listen carefully to the instructions.  Typically, a person who is impaired cannot do both.  The officer must record (report) if the person does not maintain the heel to toe position throughout the instructions.  The officer is NOT to record if the person sways or uses the arms to balance but maintains the heel to toe position.

B.  Starts before the instructions are finished.

The officer specifically should have instructed the person to not begin until the officer has completely finished with the instructions.  The officer must report if the person does not wait and begins before all instructions have been completed.

C.  Stops while walking.

The person pauses for several seconds.  The officer is NOT to report if the person is merely walking slowly.

D.  Does not touch heel to toe

The person leaves a space of more than one half inch between the heel and toe on any step.

E.  Steps off the line.

The person steps so that one foot is ENTIRELY off the line.

F.  Uses arms to balance.

The person raises one or both arms more than six inches from the sides in order to maintain balance.

G.  Improper turn.

The person removes the front foot from the line while turning.  Also, the officer is to report if the person does not follow instructions as demonstrated, ie spins or pivots around.

H.  Incorrect number of steps

If the person takes more or fewer than nine steps, the officer must report it.

If the person cannot do the test, the officer must record any clues and report the reason that the person cannot do the test.  Inability to complete the Walk and Turn Test occurs when a person

steps off the line three or more times

is in danger of falling

cannot do the test

If the person has difficulty with the test (ie steps ENTIRELY off the line), the officer must continue the test from that point.  If the test is repeated from the beginning, it may lose its value.

An officer is warned to LIMIT his or her movements while the person is performing the test, because the officer may then become a distraction.

Walk and turn tests must be done on a designated straight line and on a reasonably dry, hard, level, nonslippery surface.  NHTAS claims that recent field validation studies show that “varying environmental conditions have not affected a suspect’s ability to perform this test.”  However, NHTSA gives examples of conditions that may interfere with a person’s performance of the walk and turn test that include: wind/weather conditions, age and weight and footwear. (All information is from Page VIII-11).

The original research shows that persons over 65 years of age, or with back, leg or inner ear problems have difficulty in performing this test.  Persons wearing heels over two inches high should be given the opportunity to remove their shoes. (Page VIII-11).

At the end of the walk and turn test, each clue may appear several times, but can only be counted once. (Page VIII-11).

Based on original research, a person who has two or more clues on the walk and turn test OR who fails to complete it, has a BAC of over .10%.  This criterion has been shown to be accurate 68% of the time. (Page VIII-11).

If a person has four or more clues in the HGN and two or more clues in the walk and turn test, the person can be classified as above .10% BAC 80% of the time.  (Page VIII-11).

Find out how you can defend against your DUI arrest!  Please contact a highly competent and experienced DUI lawyer such as Mark Blair for a free, informative and confidential consultation to develop your DUI defense!  Mark has over 26 years of DUI experience and specializes in DUI defense.  Mark has represented thousands of persons who have suffered a DUI arrest.  Please call Mark Blair at (408) 295-4343, (650) 344-4343, (510) 845-4343, (415) 664-4343 (925) 935-4343 or (707) 252-4343.

I am using the language from NHTSA  and DWI Detection and Standardized Field Sobriety Testing, because law enforcement is trained with this information and book.  I want you, the reader, to see what law enforcement if being told about DUI investigations, because you have more likely than not, been subjected to a DUI related investigation conducted in part based on techniques and procedures attributed to NHTSA.

NHTSA directs the officer to administer three scientifically validated field sobriety tests.  Based on the performance on these tests, as well as the observations made concerning the driving and face to face contact, the officer must then decide whether to arrest the driver for a suspected DUI.

One of the three standardized field sobriety tests is called the “One leg stand” (abbreviated as “OLS”).

This is a divided attention test consisting of two stages:

Instructions stage

Balance and counting stage

In the instructions stage, the person must stand with their feet together, keep arms at sides and listen to the instructions.  This divides a person’s attention between balancing and information processing (listening to and remembering instructions).  (All information is from Page VII-6).

In the balance and counting stage, a person must raise one leg, either leg, with the foot approximately six inches off the ground, and keep the raised foot parallel to the ground.  While looking at the elevated foot, the person must count out loud in the following manner: “one thousand one, one thousand two, etc” until told to stop.  This divides the person’s attention between balancing and counting out loud. (All information is from Page VII-6).

The timing for a thirty second period by the officer is an important part of the one leg stand test.  The original research showed that many impaired persons were able to stand on one leg for up to 25 seconds, but that few can do so for 30 seconds. (All information is from Page VII-6).

The one leg stand is administered and interpreted in a standardized manner.

Officers must look for four specific clues:

sways during balancing (side to side or back to front)

uses arms to balance (more than six inches)

hops

puts foot down before the test is complete (All information is from Page VII-6).

Inability to complete the one leg stand test occurs when the person

puts the foot down three or more times, during the 30 second period

cannot do the test (All information is from Page VII-7).

The original research showed that when a person produces two or more clues or is unable to complete the test, it is likely that the person’s BAC is over .10%.  This criterion has been shown to accurate 65% of the time. (All information is from Page VII-7).

Procedures for the one leg stand testing per NHTSA

1. Instructions stage: initial positioning and verbal instructions for the one leg stand test

The officer must begin the test by giving the following verbal instructions, accompanied by demonstrations.  All the following instructions are found at Page VIII-12:.

“Please stand with your feet together and your arms down at the sides, like this.”  The officer must demonstrate.

“Do not start to perform the test until I tell you to do so.”

“Do you understand the instructions so far?” NHTSA reiterates: “Make sure suspect indicates understanding.” 

2.  Demonstrations and instructions for the balance and counting stage for the one leg stand test

The officer must explain the test requirements, using the following verbal instructions, accompanied by demonstrations.  All the following instructions are found at Page VIII-12:

“When I tell you to start, raise one leg, either leg, with the foot approximately six inches off the ground, keeping your raised foot parallel to the ground.”  (The officer must demonstrate the one leg stand.)

“You must keep both legs straight, arms at your side”

“While holding that position, count out loud in the following manner: “one thousand one, one thousand two, one thousand three, until told to stop.”  The officer must demonstrate a count as follows: “one thousand one, one thousand two, one thousand three, etc.”  The officer should NOT look at his or her foot while doing the demonstration because of officer safety.”

“Keep your arms at your sides at all times and keep watching the raised foot.”

“Do you understand?” NHTSA reiterates: “Make sure suspect indicates understanding.”

“Go ahead and perform the test.” (The officer should always time the 30 seconds; the test should be discontinued after 30 seconds).

If the person puts his or her foot down, give the instructions to pick the foot up again and continue counting from the point at which the foot touched the ground.  If the person counts very slowly, terminate the test after 30 seconds.  (All information is from Page VIII-12).

3.  Test interpretation of the one leg stand test

The original research found that the clues or behaviors listed below are associated with a person most likely to be with a BAC of over .10%:  All the following clues are found at Page VIII-13:

The person sways while balancing.

This refers to side to side or back and forth motion while maintaining the one leg position.

Uses arms for balance.

The person moves his or her arms six or more inches from the side of the body in order to keep balance.

Hopping.

The person is able to keep one foot off the ground, but resorts to hopping in order to maintain balance.

Puts foot down.

The person is not able to maintain the one leg stand position, putting the foot down one or more times during the 30 second count.

4.  Test conditions of the one leg stand

The one leg stand requires a reasonably dry, hard, level and non slippery surface.  (Page VIII-13).

The original research shows that persons over 65 years of age, or with back, leg or inner ear problems have difficulty in performing this test.  Persons wearing heels over two inches high should be given the opportunity to remove their shoes. (Page VIII-14).

Learn more about how you can defend against your DUI arrest!  Please contact an experienced DUI attorney such as Mark Blair for a free, informative and confidential consultation to develop your DUI defense!  Mark has over 26 years of DUI experience and specializes in DUI defense.  Mark has represented thousands of persons who have suffered a DUI arrest.  Please call Mark Blair at (408) 295-4343, (650) 344-4343, (510) 845-4343, (415) 664-4343 (925) 935-4343 or (707) 252-4343.

I am using the language from NHTSA  and DWI Detection and Standardized Field Sobriety Testing, because law enforcement is trained with this information and book.  I want you, the reader, to see what law enforcement if being told about DUI investigations, because you have more likely than not, been subjected to a DUI related investigation conducted in part based on techniques and procedures attributed to NHTSA.

NHTSA directs the officer to administer three scientifically validated field sobriety tests.  Based on the performance on these tests, as well as the observations made concerning the driving and face to face contact, the officer must then decide whether to arrest the driver for a suspected DUI.

One of the standardized field sobriety tests is horizontal gaze nystagmus, abbreviated as “HGN.”  “Nystagmus” means an involuntary jerking of the eyes.  Alcohol can cause nystagmus. (Page VIII-3)

There are three categories of nystagmus (Page VIII-3).

One of the three categories is neural nystagmus which includes

a. optokinetic nystagmus (Page VIII-3): when the eyes fixate on an object that suddenly moves out of sight or when the eyes watch sharply contrasting moving images

Examples of optokinetic nystagmus include watching strobe lights or rotating lights, or rapidly moving traffic in close proximity.

b.  physiological nystagmus Page VIII-4) is the most common kind of nystagmus; it keeps the eye cells from tiring, but its jerking is too minor to be seen by the naked eye

c.  gaze nystagmus (Page VIII-4) occurs when the eyes move from the center position; there are three kinds of gaze nystagmus:

horizontal gaze nystagmus (HGN): its presence is the best indicator of alcohol impairment; however, its presence may also indicate the use of certain drugs

vertical gaze nystagmus (VGN): an “involuntary jerking of the eyes (up and down) that occurs when the eyes gaze upward at maximum elevation”

resting nystagmus is a jerking of the eyes as they look straight ahead (indicative of PCP use).

NHTSA at pages VIII-4 and VIII-5 recognizes that nystagmus may also be caused by medical conditions that include brain tumors and other brain damage or some diseases of the inner ear.  NHTSA directs the officer to rule out medical causes of nystagmus by assessing

pupil size

resting nystagmus

tracking ability

NHTSA at Page VIII-5 requires that before administering HGN, the officer must check the person’s eyes for equal pupil size, resting nystagmus and equal tracking (can the eyes follow an object together). NHTSA warns the office that “if the eyes do not track together, or if the pupils are noticeably unequal in size, the chance of medical disorder or injuries causing the nystagmus is present.”

HGN refers at Page VIII-5 to an involuntary jerking of the eyes when the eyes gaze to the side.  A person is unaware if and when HGN occurs.  Horizontal Gaze Nystagmus is, per the NHTSA, the most reliable field sobriety test if performed correctly (emphasis on correct administration).   As a person’s blood level alcohol concentration increases, the person’s eyes will begin to jerk involuntarily sooner as they look to the side.

The officer will administer the HGN test by having the driver follow or track the motion of a small stimulus with only the driver’s eyes.  The driver will not be allowed to move his or her head (ie turn the head) to track the movement.  The officer will use as the small stimulus the tip of a pen or penlight, an eraser on a pencil or a fingertip, whichever contrasts with the background.

The officer must always begin administering the HGN test with the driver’s left eye.  In his or her examination, the officer is looking for three specific clues (Page VIII-5):

1.  Lack of smooth pursuit per NHTSA

As the eye moves from side to side as it tracks the stimulus, does it move smoothly or jerk noticeably?  The eyes can be seen “to jerk or bounce as they follow a smoothly moving stimulus.”   As drivers become more impaired by alcohol, their eyes track less smoothly.  NHTSA states at page VIII-5 that an unimpaired person’s eyes will smoothly track a moving stimulus such as a marble rolling across a flat, smooth pane of glass or a windshield wiper moving across a wet windshield.

2.  Distinct and sustained nystagmus at maximum deviation per NHTSA

When the eye moves as far to the side as possible and is kept at that position (looking as far away from the nose as possible yet with the head and nose pointing forward) , does the eye jerk distinctively?  Distinct and sustained nystagmus at maximum deviation (looking as far away from the nose as possible yet keeping the head and nose pointed forward) is another clue of impairment.  However, the eye must be held at maximum deviation for four seconds and, when the person is impaired, “the jerking will be larger, more pronounced, sustained for more than four seconds and easily observable.” (All information is from Page VIII-5).

3.  Onset of nystagmus prior to 45 degrees per NHTSA

As the eye moves toward the side, does it begin to jerk before it reaches a 45 degree angle to the nose?  The “onset” of nystagmus is when the eye is first seen to jerk.  If it jerks before it reaches a 45 degree angle, NHTSA claims this means the person has a BAC above .08% and is another clue of impairment.  “The higher the degree of impairment, the sooner the nystagmus will be observable.” (All information is from Page VIII-5).

NHTSA indicates at Page VIII-8 that the maximum number of clues per eye is three and the total maximum is six.  Research, per NHTSA, shows that if four or more clues are present, then it is likely that the driver’s blood level alcohol concentration is above .10%.    With four or more clues present, HGN is accurate 77% of the time if administered correctly.

Estimating 45 degree angles per NHTSA

Officers must administer the HGN correctly for it to have any meaningful result.  It is critical therefore that they know how to estimate a 45 degree angle.  If the stimulus is held at 12 inches in front of the person’s nose, it must be moved in an imaginary straight line of 12 inches distance from the person to the side to reach 45 degrees.

At page VIII-6, NHTSA requires the use of specific HGN procedures.  If a person is wearing glasses, the person must remove his or her glasses before HGN may be administered.  Before administering HGN, the officer must instruct the driver:

“I am going to check your eyes”

“Keep your head still and follow this stimulus with your eyes only”

“Keep following the stimulus with your eyes until I tell you to stop”

The officer must position the stimulus 12 to 15 inches from the driver’s nose and slightly above eye level.  The officer must check to see that both pupils are equal in size.  Unequal size may indicate a head injury.  The officer must also check for resting nystagmus and for the person’s eyes to track together.  The officer must “move the stimulus smoothly across the person’s entire field of vision.”  The officer can then “check to see if the eyes track the stimulus together or if one lags behind the other.  If the eyes do not track the stimulus together, it could indicate a possible medical disorder, injury or blindness.” (All information is from Page VIII-6)

The officer will first check for the lack of smooth pursuit.

The officer must begin with the person’s left eye by moving the stimulus to the officer’s right. The officer must move the stimulus smoothly, at a speed that requires approximately two seconds to bring the person’s eye as far to the side as it can go.  While moving the stimulus, the officer must look at the person’s eye to determine if it is able to pursue the stimulus smoothly.  Then the officer must move the stimulus all the way back to the left, back across the person’s face and check if the right eye pursues it smoothly.  Movement of the stimulus should take approximately two seconds out and two seconds back for each eye.  The officer must repeat the complete procedure one more time. (All information is from Page VIII-7)

Next, the officer will then check for distinct and sustained nystagmus at maximum deviation.

To do so, the officer will begin with the person’s left eye. The officer will move the stimulus to the officer’s right until the person’s eye has gone as far to the side as possible.  Usually, no white will show in the corner of the eye at maximum deviation.  The officer must hold the eye at that position for a minimum of four seconds, and observe the eye for distinct and sustained nystagmus at maximum deviation.  Then the officer must move the stimulus all the way across the person’s face to check the right eye, again holding that eye in that position (maximum deviation) for a minimum of four seconds.  People exhibit slight jerking of maximum deviation, even when unimpaired, but this will not be evident or sustained for more than a few seconds.  When impaired by alcohol, the jerking will be larger, more pronounced, sustained for more than four seconds, and easily observable.  The officer must repeat the complete procedure one more time.  (All information is from Page VIII-7).

Finally, the officer checks for onset of nystagmus prior to 45 degrees.

The officer will start moving the stimulus toward the right (the person’s left eye) at a speed that would take approximately four seconds for the stimulus to reach the person’s shoulder.  NHTSA instructs the officer to watch the left eye carefully for any sign of jerking.  As soon as the officer sees any sign of jerking, the officer must stop moving the stimulus and verify that the jerking continues.  (All information is from Page VIII-7).

Then, the officer must move the stimulus to the left (the person’s right eye) at a speed that would it approximately four seconds to reach the person’s shoulder.  NHTSA instructs the officer to watch the right eye carefully for any sign of jerking.  As soon as the officer sees any sign of jerking, the officer must stop moving the stimulus and verify that the jerking continues. The officer must repeat the complete procedure one more time.  NHTSA warns: “NOTE: it is important to use the full four seconds when checking for onset of nystagmus.  If you move the stimulus too fast, you may go past the point of onset or miss it all together.”  (All information is from Page VIII-7).

If a person’s eyes start jerking before they reach 45 degrees, the officer must check to see that some white of the eye is still showing on the side closet the ear.  If no white of the eye is showing, the officer has taken the eye too far to that side (that is more than 45 degrees) or the person has unusual eyes that will not deviate very far to the side.  (All information is from Page VIII-7).

NHTSA warns that nystagmus may be due to causes other than alcohol that include seizure medications and some other drugs.  A large disparity between the performance of the right and left eye may indicate a medical condition.  (All information is from Page VIII-8).

Examples of additional evidence of impairment during HGN:

The person is unable to keep his or her head still.

The person is swaying noticeably.

The persons utters incriminating statements. (All information is from Page VIII-15).

Examples of conditions that may interfere with the person’s performance on HGN:

Wind, dust, etc irritating the person’s eyes

Visual or other distractions, impeding the test (the officer, per NHTSA, at VII-15, must ALWAYS face the person away from rotating lights, strobe lights, and traffic passing close proximity).

Test interpretation of the HGN results

The officer should look for three clues of nystagmus in each eye:

1.  The eye cannot follow a moving object smoothly

2.  Nystagmus is distinct and sustained when the eye is held at maximum deviation for a minimum  of four seconds

3. The angle of onset of nystagmus is prior to 45 degrees

If the officer observes four or more clues, there is a 77% likelihood that the person’s BAC is above .10%.(All information is from Page VIII-8).

Find out how you can defend against your DUI arrest!  You should contact Mark Blair, a highly experienced DUI lawyer, for a free, informative and confidential consultation to review your rights and strategize about your DUI defense!  Mark has over 26 years of DUI experience and specializes in DUI defense.  Mark has represented thousands of persons who have suffered a DUI arrest.  Please call Mark Blair at (408) 295-4343, (650) 344-4343, (510) 845-4343, (415) 664-4343 (925) 935-4343 or (707) 252-4343 today!

The National Highway Traffic and Safety Administration (NHTSA) conducted research to validate research concerning several field sobriety tests.  Please note: all information referenced to “NHTSA” is from their February 2006 Edition, DWI Detection and Standardized Field Sobriety Testing.

I am using the language from NHTSA  and DWI Detection and Standardized Field Sobriety Testing, because law enforcement is trained with this information and book.  I want you, the reader, to see what law enforcement if being told about DUI investigations, because you have more likely than not, been subjected to a DUI related investigation conducted in part based on techniques and procedures attributed to NHTSA.

NHTSA directs the officer to administer three scientifically validated field sobriety tests.  Based on the performance on these tests, as well as the observations made concerning the driving and face to face contact, the officer must then decide whether to arrest the driver for a suspected DUI.

The field sobriety tests, per NHTSA at page VII-4, are designed to focus on the driver’s abilities to make divided attention related decisions necessary for safe driving that involve:

information processing

short term memory

judgment and decision making

balance

steady and sure reactions

clear vision

small muscle control

coordination of limbs

NHTSA requires at page VII-4 that “simplicity is the key to divided attention field sobriety testing.  It is not enough to select a test that just divides the subject’s attention. The test must also be one that is reasonably simple for the average person to perform when sober. Tests that are difficult for a sober person to perform have little or no evidentiary value.” (Emphasis added.).

Research, per the NHTSA, shows that when three of the field sobriety tests are administered correctly and in a standardized manner, they were highly accurate in distinguishing blood level alcohol concentration above .10%:  Those three tests are the following:

Horizontal gaze nystagmus (abbreviated “HGN”)

Walk and Turn (abbreviated “WAT”)

One leg Stand (abbreviated “OLS”)

NHTSA analyzed data at VIII-1 and found that

HGN, by itself, was 77% accurate in distinguishing blood level alcohol concentration above .10%:

WAT, by itself, was 68% accurate in distinguishing blood level alcohol concentration above .10%:

OLS, by itself, was 65% accurate in distinguishing blood level alcohol concentration above .10%:

by combining HGN and WAT an 80% rate of accuracy can be achieved

These three field sobriety tests, HGN, WAT, and OLS are called standardized field sobriety tests. “Standardized” means that the tests are administered and interpreted in the same way each and every time.

NHTSA at page VIII-2 claims that two validation tests showed that the use of all three tests, HGN, WAT, and OLS, were highly successful in identifying persons whose blood level alcohol was above .10%.  The first of the two tests, a 1995 Colorado validation study, showed that correct arrest decisions were made 93% of the time based on using all three tests (HGN, WAT, and OLS).  The second study, a 1997 Florida validation study, determined that 95% of the arrests were made correctly using all three tests, HGN, WAT and OLS.

Unlike the other two tests finding reliability for identifying BAC of over .10%, a 1998 San Diego test at page VIII-2 determined that correct arrest decisions were made 91% of the time based on the use of all three standardized field sobriety tests for a blood level alcohol of .08% or more.

Please remember, though, that despite the aura of scientific validity, these tests can be refuted!  Police routinely fail to administer and score the tests correctly.

In summary, NHTSA warns at Page VIII-19 that the validation (percentages of persons likely to over .10% BAC or more) involving the three tests applies only when

THE TESTS ARE ADMINISTERED IN THE PRESCRIBED, STANDARDIZED MANNER

THE STANDARDIZED CLUES ARE USED TO ASSESS THE PERSON’S PERFORMANCE

THE STANDARDIZED CRITERIA ARE EMPLOYED TO INTERPRET THAT PERFORMANCE.

IF ANY ONE OF THE STANDARDIZED FIELD SOBRIETY TEST ELEMENTS IS CHANGED, THE VALIDITY IS COMPROMISED.

This is critical: if the police do not perform any of the three standardized tests completely correctly, that test result is compromised, per NHTSA.  (Page VIII-19).

The results of these so called field sobriety tests can be attacked and refuted!  Find out how you can defend against your DUI arrest!  You should contact an experienced DUI lawyer Mark Blair for a free, informative and confidential consultation to develop your DUI defense!  Mark has over 26 years of DUI experience and specializes in DUI defense.  Mark has represented thousands of persons who have suffered a DUI arrest.  Please call Mark Blair at (408) 295-4343, (650) 344-4343, (510) 845-4343, (415) 664-4343 (925) 935-4343 or (707) 252-4343.

I am using the language from NHTSA  and DWI Detection and Standardized Field Sobriety Testing, because law enforcement is trained with this information and book.  I want you, the reader, to see what law enforcement if being told about DUI investigations, because you have more likely than not, been subjected to a DUI related investigation conducted in part based on techniques and procedures attributed to NHTSA.

NHTSA in their above mentioned manual at pages V-3 to V-7 identified the following “cues” that police officers may use to detect nighttime impaired DUI drivers.  NHTSA claims that the “cues” are based on research involving three studies of more than 12,000 DUI enforcement stops.  NHTSA has organized the “cues” into four groups: problems maintaining proper lane position, speed and braking problems, vigilance problems and judgment problems.

Problems maintaining proper lane positions

1.  Weaving: NHTSA definition: “the vehicle alternatively moves toward one side of the roadway and then the other, creating a zig zag course.  The pattern of lateral movement is relatively regular as one steering correction is followed by another.”

2.  Weaving across lane lines: NHTSA definition: “Extreme cases of weaving when the vehicle wheels cross the lane lines before correction is made.”

3.  Straddling a lane line: NHTSA definition: “The vehicle is moving straight ahead with the center or lane marker between the left-hand and right-hand wheels.”

4.  Swerving: NHTSA definition: “A swerve is an abrupt turn away from a generally driven straight course.  Swerving might occur directly after a period of drifting when the driver discovers the approach of traffic in an oncoming lane or discovers that the vehicle is going off the road; swerving might also occur as an abrupt turn is executed to return the vehicle to the traffic lane.”

5.  Turning with a wide radius: NHTSA definition: “During a turn, the radium defined by the distance between the turning vehicle and the center of the turn is greater than normal.  The vehicle may drive wide in a curve.”

6.  Drifting: NHTSA definition: “Drifting is a straight line movement of the vehicle at a slight angle to the roadway.  Drifting might be observed within a single lane, across lanes, across the center divide, onto the shoulder and from lane to lane.”

7.  Almost striking object or vehicle:  NHTSA definition:  “The observed vehicle almost strikes a stationary object or another moving vehicle.  Examples include: passing abnormally close to a sign, wall, building, or other object; passing abnormally close to another moving vehicle; and causing another vehicle to maneuver to avoid collision.”

Speed and braking problems

1. Stopping problems (too far, too short, too jerky): NHTSA definition: “Stopping too far from a curb or at an inappropriate angle.  Stopping too short or beyond limit line at an intersection.  Stopping with a jerking motion or abruptly.”

2.  Accelerating or decelerating rapidly: NHTSA definition: “This cue encompasses any acceleration or deceleration that is significantly more rapid than that required by the traffic conditions.  Rapid acceleration might be accompanied by breaking traction; rapid deceleration might be accompanied by an abrupt stop.  Also a vehicle might alternatively accelerate and decelerate rapidly.”

3.  Varying speed: NHTSA definition: “Alternating between speeding up and slowing down.”

4.  Slow speed (10MPH+ under the limit): NHTSA definition: “The observed vehicle is being driven at a speed that is more than 10 MPH below the speed limit.”

Vigilance problems

1.  Driving in opposing lanes or wrong way on one way street: NHTSA definition: “The vehicle is observed heading into opposing or crossing traffic under one or more of the following circumstances: driving in the opposing lane; backing into traffic; failing to yield the right of way; driving the wrong way on a one way street.”

2.  Slow response to traffic signals: NHTSA definition: “The observed vehicle exhibits a longer than normal response to a change in the traffic signal.  For example, the driver remains stopped at the intersection for an abnormally long period of time after the traffic signal has turned green.”

3.  Slow or failure to respond to officer’s signals: NHTSA definition: “Driver is unusually slow to respond to an officer’s lights, siren or hand signals.”

4.  Stopping in lane for no apparent reason: NHTSA definition: “The critical element in this cue is that there is no observable justification for the vehicle to stop in the traffic lane; the stop is not caused by traffic conditions, traffic signals, an emergency situation, or related circumstances.  Impaired drivers might stop in the lane when their capability to interpret information and make decisions becomes impaired.  As a consequence, stopping in lane for no apparent reason is likely to occur at intersections or other decision points.”

5.  Driving without headlights at night: NHTSA definition: “The observed vehicle is being driven with both headlights off during a period of the day when the use of headlights is required.”

6.  Failure to signal or signal inconsistent with action: NHTSA definition: “A number of possibilities exist for the driver’s signaling to be inconsistent with the associated driving actions.  This cue occurs when inconsistencies such as the following are observed: failing to signal a turn or lane change; signaling opposite to the turn or lane change executed; signaling constantly with no accompanying driving action; and driving with four way hazard flashers on.”

Judgment problems

1.  Following too closely: NHTSA definition: “The vehicle is observed following another vehicle while not maintaining the legal minimum separation.

2.  Improper or unsafe lane change: NHTSA definition: “Driver taking risks or endangering others.  Driver is frequently or abruptly changing lanes without regard to other motorists.

3.  Illegal or improper turn (too fast, jerky, sharp, etc): NHTSA definition: “The driver executes any turn that is abnormally abrupt or illegal.  Specific examples include: turning with excessive speed; turning sharply from the wrong lane; making a U illegally; turning from outside a designated turn lane.”

4.  Driving on other than the designated roadway: NHTSA definition: The vehicle is observed being driven on other than the roadway designated for traffic movement.  Examples include driving at the edge of the roadway, on the shoulder, off the roadway entirely, and straight through turn-only lanes or areas.”

5.  Stopping inappropriately in response to officer: NHTSA definition: “The observed vehicle stops at an inappropriate location or under inappropriate conditions, other than in the traffic lane. Examples include stopping: in a prohibited zone; at a crosswalk; far short of an intersection; on a walkway; across lanes; for a green traffic signal; for a flashing yellow traffic signal; abruptly as if startled; or in an illegal, dangerous manner.”

6.  Inappropriate or unusual behavior (throwing objects, arguing, etc): NHTSA definition: “Throwing objects from the vehicle, drinking in the vehicle, urinating at the roadside, arguing without cause, other disorderly actions.”

7.  Appearing to be impaired: NHTSA definition: “This cue is actually one or more of a set of indicators related to the personal behavior or appearance of the driver.  Examples of specific indicators might include:

eye fixation

tightly gripping the steering wheel

slouching in the seat

gesturing erratically or obscenely

face close to the windshield

driver’s head protruding from vehicle

Post stop cues (per NHTSA)

In addition to the 24 cues involving the observation of how the driver actually drove, NHTSA at page V-7 also indentified ten cues that may be present after the driver stops.

1.  Difficulty with motor vehicle controls

2.  Difficulty exiting the vehicle

3.  Fumbling with driver’s license or registration

4.  Repeating questions or comments

5.  Swaying, unsteady or balance problems

6.  Leaning on the vehicle or other object

7.  Slurred speech

8.  Slow to respond to officer/officer must repeat

9.  Provides incorrect information, changes answers

10.  Odor of alcoholic beverage from driver

NHTSA emphasizes that the effects of alcohol on driving are illustrated in a driver’s inability to perform tasks involving divided attention.  Divided attention, per NHTSA at page V-9, is “the driver’s ability to concentrate on two or more things at the same time.”  An impaired driver tends to focus on only one or more of the many important driving tasks, and either completely disregards other important ones or treats them as being less important than they really are.

Driving is complex, because it involves the performance of many “subtasks” simultaneously, per the NHTSA at pages V-8 and V-9, that include:

steering

controlling the accelerator

signaling

controlling the brake pedal

operating the clutch

operating the gearshift

observing other traffic

observing signal lights, stop signs and other traffic control devices

making decision (whether to stop, turn, speed up, slow down)

Cues of impairment per NHTSA at page V-10 may be found in how the driver stops after being signaled to do so by the officer.  These cues may, per NHTSA include:

an attempt to flee

no response

slow response

an abrupt swerve

sudden stop

striking the curb or other object

NHTSA at page V-10 believes that the when police stop a driver, the driver’s attention becomes divided.  To stop a driver, police use sirens, solid and flashing lights, as well as verbal commands broadcast by speakers.  In addition to the driver’s other divided attention tasks that the driver must normally perform , police stopping a driver cause more divided attention tasks.  A driver has to react to the signals to stop, determine how and where to stop, all while still continuing to drive until a safe point to stop is reached and then braking the vehicle.

Once the driver pulls the vehicle over and stops it, the officer will make additional observations of the driver that may suggest impairment.  Examples of a police officer’s observation of a person’s demeanor/speech/appearance to show impairment to support a charge of VC 23152(a): loud/aggressive behavior; slurred speech; red/watery eyes; an odor of an alcoholic additive/beverage

Examples of a police officer’s observation of a person’s performance of the field sobriety tests to show impairment to support a charge of VC 23152(a): inability to follow instructions; repetition of instructions, failure to maintain balance, swaying, staggering, raising of one’s arms to maintain balance.

The National Highway Traffic and Safety Administration (NHTSA) instructs police at pages VI-2 and VI-3 to use their sight, hearing and smell to detect possible signs of impairment once police engage in face to face contact with a driver whom they have stopped.  Please note: all information referenced to “NHTSA” is from their February 2006 Edition, DWI Detection and Standardized Field Sobriety Testing.

I am using the language from NHTSA and DWI Detection and Standardized Field Sobriety Testing, because law enforcement is trained with this information and book.  I want you, the reader, to see what law enforcement if being told about DUI investigations, because you have more likely than not, been subjected to a DUI related investigation conducted in part based on techniques and procedures attributed to NHTSA.

Common signs of alcohol impairment per NHTSA at page V-3 include:

at .03%, slowed reactions

at .05%, increased risk taking

at .08%, impaired vision

at .10%, poor coordination.

Personal contact, or face to face observation”, as NHTSA at page VI-2 and VI-3 calls it, allows the officer to use his or her three senses of sight, hearing and smell to gather additional evidence of alcohol and/or drug impairment.

The office, per NHTSA, at page VI-3 may see the following clues that may be evidence of alcohol and/or drug impairment:

bloodshot eyes

soiled clothing

fumbling hand/fingers

alcohol containers

drug or drug paraphernalia

unusual actions

The officer may, per NHTSA at page VI-3, hear the following that may suggest alcohol and/or drug impairment:

slurred speech

admission of drinking

inconsistent responses

abusive language

unusual statements

The officer may, per NHTSA at page VI-3, detect with his or her sense of smell the following that may suggest alcohol and/or drug impairment:

alcoholic beverages

marijuana

“cover up” odors like breath sprays or gum

unusual odors

Police are taught, per NHTSA, at pages VI-4 and VI-5, to create divided attention situations after they pull a driver over while the driver is still seated behind the wheel.  The techniques require the driver to do two or more things at once and involve both questioning and mind/body tasks.

NHTSA cautions that these divided attention tasks are not as reliable as the standardized field sobriety tests, but can still be “useful” to obtain evidence of impairment.

NHTSA encourages the officers at pages VI-4 and VI-5 to use certain questioning techniques.  NHTSA teaches the officer to use three kinds of questions that involve divided attention:

asking for two things simultaneously

asking interrupting or distracting questions

asking unusual questions

Have you ever wondered why the officer always asks you at the same time to produce your license and registration?  In doing so, the officer is using a divided attention technique to observe your response.  NHTSA at page VI-4 instructs the officer to watch for the following responses by the driver who

forgets to provide both documents

provides documents other than the two that the officer wants

fails to spot the license and/or registration as the driver looks for them in his/her

wallet or purse

mishandles or drops the wallet, purse, license or registration

is unable to remove the documents from the person’s wallet or purse

NHTSA at page VI-5 instructs police to interrupt you or distract you.  Asking interrupting or distracting questions forces a driver to change focus, and thus try to answer two different and competing questions.  NHTSA suggests to the officer that while the driver is responding to the request to produce his or her license or registration, the officer ask an unrelated question like, “Without looking at your watch, what time is it now?”  Possible impairment may be the driver who

does not answer the question and focuses only on producing the license

answers the question but fails to remember to continue his/her search for the license or registration after answering the question

answers the question in a “grossly inaccurate” manner

NHTSA at page VI-5 also encourages the officer to ask you “unusual questions.” NHTSA believes a sober driver would easily be able to answer them, whereas an impaired driver would not.  The alcohol would render more difficult the driver’s ability to process the question, especially when the driver does not expect that kind of a question in the context in which the driver finds himself or herself.  Such an example of an unusual question would be when asked about his or her middle name, to provide instead his or her first name.  NHTSA believes that such a response shows that the driver may be impaired, because the driver ignored the unusual question and focused on responding to the usual one.  However, the usual question, what is the driver’s first name, was not asked.

NHTSA at page VI-5 identifies two other techniques that involve divided attention that the officer may use.  The first is having the driver recite part of the alphabet.  The officer would ask the driver to recite the alphabet beginning with any other letter than “A” and stopping at any letter other than “Z.”  The driver’s attention is divided, because the driver must focus on beginning the alphabet at an unusual point and remembering where to stop his/her recitation.

A second divided attention technique at pages at VI-5 and VI-6 is to have the driver count backwards.  The driver’s attention is divided attention, because the driver must continuously concentrate on counting backwards and simultaneously remembering where to stop.  NHTSA advises police offices to never give starting and stopping points that end in a “0” o “5” because these numbers are too easy to recall.  Instead, the officer should, for example, order the driver to count backwards beginning at “63” and stopping at “47.”

Lastly, as the final point in the “face to face” phase of impairment gathering information by the officer, NHTSA at page VI-6 suggests that the officer observe the driver as he or she exits the vehicle.  Signs of impairment in exiting the vehicle may be the driver

reacting in an angry or otherwise unusual way

being unable to follow instructions

being unable to open the door

exiting the vehicle when it is in gear

climbing out of the vehicle

leaning against the vehicle to maintain balance

keeping his/her hands on the vehicle for balance

Find out how you can defend against your DUI arrest!  You should contact an experienced DUI lawyer Mark Blair for a free, informative and confidential consultation to develop your DUI defense!  Mark has over 26 years of DUI experience and specializes in DUI defense.  Mark has represented thousands of persons who have suffered a DUI arrest.  Please call Mark Blair at (408) 295-4343, (650) 344-4343, (510) 845-4343, (415) 664-4343 (925) 935-4343 or (707) 252-4343.

When you use this web site, you agree to all the following terms of use and disclaimers.

Please note that this web site is for informational purposes only for California residents concerning only California criminal law. You should not rely upon it for legal advice. You must consult in person with an attorney so that you may receive legal advice and understand and preserve your legal rights. The information in this web site and the legal principles discussed cannot replace a consultation with an attorney. The information and legal principles discussed in this web site are subject to change, as laws change and case law evolves. Moreover, the information and legal principles discussed in this web site may or may not apply to specific cases. Each case is unique, and you must discuss in person the particular facts of your case to receive legal advice and understand and preserve your legal rights.

When you use this web site, you have not established an attorney-client relationship with Mark Blair. The only way that you can establish an attorney-client relationship with the Mark Blair is to agree to the terms of representation by Mark Blair and review them in a written retainer agreement with Mark Blair, pay the agreed upon fee, and sign a written retainer agreement with Mark Blair. Contacting, communicating with and even meeting Mark Blair in person, without having a written retainer that is signed by you and Mark Blair, does not establish an attorney-client relationship between Mark Blair and you.

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Oakland and Alameda County will be in the center of a heated and much watched battle pitting Oakland DUI lawyers against a new law going into effect July 1, 2010.

After July 1, 2010, any person convicted of a DUI in Oakland or Alameda County must install an interlock device on any vehicle the licensee owns or operates with certain exceptions.

Oakland DUI lawyers will join the fight against the Oakland and Alameda County pilot/experimental program that runs from July 1, 2010 to January 1, 2016, along with three other California counties. This pilot program requires, as a condition of being issued a restricted license, or having the the privilege to operate a motor vehicle reinstated after a conviction in Oakland or Alameda County for a DUI, a driver must install for a specified amount of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time that an interlock device for a person convicted of a DUI in Oakland or Alameda County would be required to be installed would be based upon the number of convictions.

This law would not go into effect concerning Oakland or Alameda County DUIs if the required funding for it does not occur by January 31, 2010.

This law would also require that manufacturers of ignition interlock devices and their agents certified by the DMV would be required to adopt a fee schedule for payment of the costs of the interlock device based on the Oakland or Alameda County DUI licensee’s ability to pay, and would also require the court to adopt a similar fee schedule with regard to the fees for Oakland and Alameda County DUI problem assessment programs.

Oakland and Alameda County DUI licensees would be exempt from having to install an interlock device on any vehicle that the Oakland or Alameda County DUI licensee is required to operate in the course and scope of his or her employment if (1) the vehicle is owned by the employer and (2) if the employer has been notified by the licensee that his or her driving privilege has been restricted and (3) if the person has proof of that notification in his or her possession in the vehicle when the Oakland or Alameda County DUI licensee uses the company vehicle. However, if the licensee is part owner of the business, the business vehicle is not subject to this exemption.

You will need an experienced Oakland DUI lawyer to prevent the following from happening to you if you are convicted of a DUI in Oakland or Alameda County:

A person convicted in Oakland or Alameda County of a first offense DUI will have to install an interlock device for five months.

A person convicted in Oakland or Alameda County of a second offense DUI must install an interlock device for twelve months.

A person convicted in Oakland or Alameda County of a third offense DUI shall install an interlock device for twenty four months.

A person convicted in Oakland or Alameda County of a fourth offense DUI shall install an interlock device for thirty six months.

A person convicted in Oakland or Alameda County of a first offense DUI with injury (VC 23153) shall install an interlock device for twelve months, a second offense DUI with injury for twenty four months, a third offense DUI with injury for thirty six months and a fourth offense DUI with injury for forty eight months.

A person in Oakland or Alameda County convicted of a DUI with an income at 100 percent of the federal poverty level and below is responsible for 10 percent of the cost of the interlock device.

A person in Oakland or Alameda County convicted of a DUI with an income of 101 to 200 percent of the federal poverty level is responsible for 25 percent of the cost of the interlock device.

A person in Oakland or Alameda County convicted of a DUI with an income of 201 to 300 percent of the federal poverty level is responsible for 50 percent of the cost of the interlock device.

All other persons in Oakland or Alameda County convicted of a DUI are responsible for the entire cost of the interlock device.

What are the costs that a person in Oakland or Alameda County convicted of a DUI will pay for a interlock device?

Typically, a person convicted of a DUI in Oakland or Alameda County must pay for the installation of the interlock device. Such installation costs $50 to $200, and may be more if the vehicle is a luxury vehicle or requires longer installation time.

In addition, a person convicted of a DUI in Oakland or Alameda County must pay a monthly rental fee for the interlock device. This fee ranges from $50 to $100 per month. A person convicted of a DUI in Oakland or AlamedA County will also be responsible for maintenance expenses as well as fee for downloading data from the ignition interlock device.

A person convicted of a DUI in Oakland or Alameda County will also be required to come in for scheduled appointments to have his or her ignition interlock device calibrated, or to have the records downloaded and the device resett so that he or she can keep driving. Going in for calibration appointments is extremely important. The interlock device will normally need to be checked every 60 days. Failure to maintain the device can be a violation of the person’s probation and restricted license status.

The costs, as you have seen, are why you need an experienced Oakland DUI laywer like Mark Blair to assist you. Call Mark Blair, a DUI lawyer who can help you avoid this new law, at (510) 845-4343.

Mark Blair has offices throughout the Bay Area.

Address: 520 South El Camino Real, Suite 530, San Mateo, California 94402

TRAVELING FROM SAN FRANCISCO ON THE 101
Address: 520 South El Camino Real, Suite 530, San Mateo, California 94402

1. Take 101 South
2. Exit 3rd Avenue
3. 3rd Avenue exit has two options. Take “West.”
4. Stay on 3rd Avenue until you reach El Camino Real. Go left on El Camino Real.
5. Go approximately two blocks (corner of El Camino Real and 5th Avenue, on southwest corner). My office is in the Westlake Building, a nine story building right next to 24 Hour Fitness.
6. There is plenty of parking on 5th Avenue, as well as behind the building itself. The parking behind the building is paid parking.

TRAVELING FROM SAN JOSE ON THE 101
Address: 520 South El Camino Real, Suite 530, San Mateo, California 94402

1. Take 101 South
2. Exit 3rd Avenue
3. 3rd Avenue exit has two options. Take “West.”
4. Stay on 3rd Avenue until you reach El Camino Real. Go left on El Camino Real.
5. Go approximately two blocks (corner of El Camino Real and 5th Avenue, on southwest corner). My office is in the Westlake Building, a nine story building right next to 24 Hour Fitness.
6. There is plenty of parking on 5th Avenue, as well as behind the building itself. The parking behind the building is paid parking.

TRAVELING FROM SAN FRANCISCO ON THE 280
Address: 520 South El Camino Real, Suite 530, San Mateo, California 94402

1. Go to the junction of 280 and 92.
2. Go East on 92.
3. Exit El Camino Real. Take “North” option.
4. Go approximately one mile north on El Camino Real.
5. Just before 5th Avenue and El Camino Real, my office will be on the right side (west side) of El Camino Real. It is located in the nine story Westlake Building right next to 24 Hour Fitness.
6. There is plenty of parking on 5th Avenue, as well as behind the building itself. The parking behind the building is paid parking.

TRAVELING FROM SAN JOSE ON THE 280
Address: 520 South El Camino Real, Suite 530, San Mateo, California 94402

1. Go to the junction of 280 and 92.
2. Go East on 92.
3. Exit El Camino Real. Take “North” option.
4. Go approximately one mile north on El Camino Real.
5. Just before 5th Avenue and El Camino Real, my office will be on the right side (west side) of El Camino Real. It is located in the nine story Westlake Building right next to 24 Hour Fitness.
6. There is plenty of parking on 5th Avenue, as well as behind the building itself. The parking behind the building is paid parking.

TRAVELING FROM THE EAST BAY 
Address: 520 South El Camino Real, Suite 530, San Mateo, California 94402

1. Go to 92 West.
2. Continue on the 92 West beyond the junction of the 92 and the 101 freeway.
3. Exit El Camino Real. Take “North” option.
4. Go approximately one mile north on El Camino Real.
5. Just before 5th Avenue and El Camino Real, my office will be on the right side (west side) of El Camino Real. It is located in the nine story Westlake Building right next to 24 Hour Fitness.
6. There is plenty of parking on 5th Avenue, as well as behind the building itself. The parking behind the building is paid parking.