Field Sobriety Tests – Intermountain Legal

If Justin Bieber had been arrested for DUI in Utah…

marketing — Fri, 24 Jan 2014 07:43:29 +0000

If you haven’t heard yet: Justin Bieber was arrested early this morning in Florida for DUI. You can find officer Medina’s account in the police report here. According to police, Bieber was observed drag racing his Lamborghini at 4:30 this morning. When Medina stopped him he could immediately smell an odor of alcohol emanating from the driver’s breath. Medina asked Bieber to exit the vehicle for further investigation. Bieber became uncooperative when Medina required him to place his hands on his car to check for weapons and swore at the officer a few times. Medina then arrested Bieber and transported him to the police station.

During transport Bieber asked why he was arrested. The officer stated that he believed Bieber was driving impaired. After arriving at the police station Bieber submitted to field sobriety tests and a breath test. The unofficial report of the BAC was .04.

Justin Bieber is only 19 years old. In Utah, a person who is under the age of 21 is prohibited from driving with any alcohol in their body. If the minor’s BAC is below the DUI limit of .08 then the minor will be charged with Alcohol Restricted Driver (ARD). This will trigger a 1 year driver license suspension and a $1600 fine. Additionally judges usually require the minor to participate in alcohol treatment.

If this case were handled in Utah the government would encounter a few problems. The police arrested Bieber and transported him to the station before having him perform the field sobriety tests. The Worwood case states that an officer doesn’t have probable cause to arrest based only on bloodshot eyes, slurred speech, and smell of alcohol. If those characteristics had been combined with failed field sobriety tests, then there probably would have been probable cause. However, the police officers in Worwood transported the suspect, which is a de facto arrest, to do the field sobriety tests, just like the officers did in Bieber’s case. So, without some other source of probable cause, the field sobriety tests, and the breath test may be thrown out. Perhaps his DUI Lawyer will be fortunate enough to find a case like that.

What to Do When Charged with a DUI

marketing — Mon, 18 Mar 2013 03:03:43 +0000

What Doesn’t Work: You see the lights flash and hear the siren. As the source of the lights dawns on you, you pull over, trying to get yourself together. And why are those lights so bright? A knock on the window, an unsteady exit from the car, and you hear yourself speaking some angry words to the police. When they ask you to take the field sobriety test, you cannot see the line, let alone walk it. The rest, as they say, is history: a DUI charge and conviction.

What Does Work: You see the flashing lights and hear the sirens but you know what to do. You signal, pull safely over, roll down your window and get some fresh air before the police officer arrives. You are polite, answer questions and then remain silent. You provide identification and registration. You do not take the field sobriety test. Law enforcement must have reason to pull you over — do not give them reason to arrest you.

Although you cannot decline a breath alcohol test, you can decline field sobriety testing. With luck, the police will take a pass. If not, you need to call a good DUI attorney immediately after your arrest. Remember that you have rights including the right to seek legal counsel.

Bear in mind that 75 percent of DUI cases in Utah result in a verdict or a guilty plea. DUI charges are serious — and can have a serious impact on your future. An experienced attorney can help you avoid penalties such as license suspension or revocation, vehicle confiscation, installation of an ignition interlock device and jail time — up to five years for a third offense. But you can help yourself even more by being careful to avoid DUI charges in the first place.

Utah DUI Tests: DUI Attorney Tip of the Week

marketing — Mon, 11 Feb 2013 03:18:51 +0000

What Does Not Work: Performing the “Nine Step Walk and Turn” test on tip-toe, with several twirls thrown in, while singing ”Fiddler on the Roof” songs in your best falsetto voice as proof that you were not driving under the influence of anything stronger than show tunes.

What Works: If a law enforcement officer pulls you over on suspicion of driving under the influence of alcohol (DUI), be cooperative—but also be aware of your legal rights. In Utah, there are three tests that can be used to determine DUI:

Standard field sobriety tests (SFSTs) to measure physical responses such as balance, attention, and eye movements
Portable breath test (PBT) that gives a general assessment of alcohol in the breath
Blood alcohol content (BAC), measured by a breath test machine

SFST and PBT results are notoriously inaccurate and you have the right to refuse either. You are not obligated to explain the reasons for your refusal. In fact, the less you say, the better. However, make sure you remain polite and cooperative.

An officer who believes you are intoxicated, even without on-the-spot test results, can arrest you and ask you to come to the police station for a breath test. You do not have the right to refuse this request. The penalty for doing so could be an 18-month suspension of your drivers license.

SFST and PBT evidence is not admissible in court, so most DUI cases hinge on the BAC. In our attorneys’ experience, mistakes in obtaining or processing DUI evidence can cast doubt on the accuracy of a BAC reading.

A DUI Tip So Important that Even DUI Attorneys Should Use It! | Defense Attorney Tip of the Week

marketing — Mon, 11 Jul 2011 18:09:34 +0000

What Doesn’t Work: Coloring in the 3s on your license plate with permanent marker to make them look like 8s.

What Works: If you are pulled over for a DUI, politely decline to take any field sobriety tests (FSTs). FSTs include the “follow my pen with your eyes” test, the “walk the line” test, and the “one foot stand” test. Even sober people fail FSTs much of the time. You are required to take a breathalyzer or blood test if asked, and you should, but you are not required to take FSTs, so don’t! If you want to learn more about DUI’s, go to our DUI page.