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California Criminal Defense Attorney - California Vehicle Code Section 23152(f)

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Understanding Field Sobriety Tests in California

Top-Rated DUI Defense Attorneys in Los Angeles, California

Are you facing DUI charges in California? Don’t navigate the complexities of the legal system alone. At Law Offices of David S. Chesley, we specialize in providing aggressive and strategic defense for individuals charged with driving under the influence (DUI) in Los Angeles and throughout California. With our extensive knowledge of California DUI laws and dedication to client advocacy, we are committed to achieving the best possible outcome for your case.

Field sobriety tests (FSTs) are commonly used by law enforcement officers during DUI stops to assess a driver’s level of impairment. These tests are designed to detect signs of intoxication and provide probable cause for a DUI arrest under California Penal Code Section 23152. However, it’s essential to recognize that FSTs are not infallible and can be challenged with the right legal representation.

Common Types of Field Sobriety Tests

  • Horizontal Gaze Nystagmus (HGN) Test: This test measures the involuntary jerking of the eyes as they track a moving object. According to California law, officers may administer the HGN test to determine impairment by alcohol or drugs (California Vehicle Code Section 23152).
  • Walk-and-Turn Test: During this test, the driver is instructed to take nine heel-to-toe steps along a straight line, turn, and return in the same manner. Failure to maintain balance or follow instructions may indicate impairment (California Vehicle Code Section 23152).
  • One-Leg Stand Test: In this test, the driver must stand on one leg while counting aloud for a specified period. Swaying, hopping, or putting the foot down may suggest impairment and provide probable cause for arrest (California Vehicle Code Section 23152).

Challenging Field Sobriety Test Results

Know Your Rights

If you’ve been subjected to field sobriety tests during a DUI stop, it’s crucial to understand that these tests can be flawed. Factors such as weather conditions, medical issues, or officer bias may influence test results. Our experienced DUI defense attorneys meticulously review the circumstances surrounding your arrest to identify potential weaknesses in the prosecution’s case and develop a strong defense strategy.

If you are pulled over and asked to perform field sobriety tests, it’s essential to understand your rights under California law. You have the right to refuse to take these tests, although doing so may result in other consequences, such as the suspension of your driver’s license. Additionally, you have the right to request to speak with an attorney before submitting to any tests or answering any questions from law enforcement.

Tips and Suggestions for Handling a DUI Charge

If you’ve been charged with driving under the influence (DUI) in California, it’s crucial to take immediate action to protect your rights and defend your case. Here are some tips and suggestions for handling a DUI charge:

  • Remain Calm: Stay calm and cooperative during interactions with law enforcement officers, but refrain from volunteering any potentially incriminating information.
  • Exercise Your Rights: Assert your right to remain silent and request to speak with an attorney as soon as possible. Your attorney can advise you on the best course of action and represent your interests throughout the legal process.
  • Gather Evidence: Take note of any details surrounding your arrest, including the conduct of the arresting officer, any discrepancies in the administration of field sobriety tests, and any other relevant factors that may impact your case.
  • Hire an Experienced California DUI Defense Attorney: When facing a DUI charge, it’s essential to enlist the help of a skilled and experienced attorney who specializes in DUI defense. The Law Offices of David S. Chesley has a team of knowledgeable attorneys who can provide you with the strong legal representation you need to achieve a favorable outcome.

How We Can Help
At the Law Offices of David S. Chesley, our experienced attorneys have a proven track record of success in handling DUI cases in California. We understand the complexities of DUI law and have the knowledge and resources to mount a strong defense on your behalf. Here’s how we can help convert your case into a winning situation for you:

  • Thorough Case Evaluation: We will conduct a comprehensive review of the facts and evidence surrounding your case to identify any weaknesses in the prosecution’s case and develop a strategic defense strategy tailored to your specific circumstances.
  • Aggressive Representation: Our attorneys are skilled negotiators and litigators who will aggressively advocate for your rights both inside and outside the courtroom. We will challenge any flawed evidence or procedural errors to seek a reduction in charges or a dismissal of your case.
  • Personalized Legal Guidance: We understand that facing a DUI charge can be a daunting experience, which is why we provide personalized legal guidance and support every step of the way. We will keep you informed about your legal options and work tirelessly to achieve the best possible outcome for your case.

Frequently Asked Questions (FAQs)

  • 1. What should I do if I’m pulled over for suspected DUI in California?
    If you’re pulled over for suspected DUI, remain calm and cooperative with law enforcement. You have the right to consult with a DUI attorney before answering any questions or submitting to field sobriety tests.
  • 2. Do I have to take field sobriety tests in California?
    California law does not require drivers to submit to field sobriety tests. However, refusing to take these tests may result in consequences such as license suspension under California’s implied consent law (California Vehicle Code Section 23612).
  • 3. What are the potential penalties for a DUI conviction in California?
    The penalties for a DUI conviction in California may include fines, license suspension, mandatory alcohol education programs, probation, and even jail time, depending on the circumstances of the offense (California Vehicle Code Section 23536).
  • 4. Can I challenge the results of field sobriety tests in court?
    Yes, you can challenge the results of field sobriety tests in court with the assistance of an experienced DUI defense attorney. Factors such as improper administration, environmental conditions, or medical issues may affect the validity of the tests.
  • 5. How long does a DUI conviction stay on my record in California?
    In California, a DUI conviction typically stays on your record for ten years, but its impact can extend beyond that period. It’s essential to seek legal representation to explore options for minimizing the long-term consequences of a DUI conviction.

Don’t let a DUI charge derail your life. Contact the Law Offices of David S. Chesley today to schedule a free consultation and learn how we can help protect your rights and fight for your future.

At Law Offices of David S. Chesley, our dedicated team of DUI defense attorneys is here to provide you with the skilled representation and personalized attention you deserve. Contact us today for a confidential consultation to discuss your case and learn how we can protect your rights and future.

To schedule a free consultation and case evaluation with a California DUI/DWI lawyer, please call us today at 1-800-755-5174, or contact us online.

DUI Alcohol

DUI Alcohol

According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol. Learn More
DUI Marijuana

DUI Marijuana

As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases. Learn More
DUI Drugs

DUI Drugs

The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely. Learn More
Hit and Run

Hit & Run

A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement. Learn More
Drunk in public

Drunk in Public

You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum. Learn More
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Driving Without a License

The situation and circumstances of your charges play an important role in determining the conviction and penalty. Learn More

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Recent Results

  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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