Category: Breath Tests

Field Sobriety Tests are a Fraud on the Public

Standardized Field Sobriety Tests – Why you should never do them: If a law enforcement officer  has reason to suspect that a person has been driving under the influence, the officer will likely ask the person to perform field sobriety tests. Field sobriety tests are voluntary and no person is required to perform them, however the officer will not tell you that the tests are voluntary.  If a person agrees to perform the field sobriety tests, he or she will be evaluated by the officer on how he or she performs and reacts during the testing. Continue reading “Field Sobriety Tests are a Fraud on the Public”

Under Age 21 DUI Arrest

Why Fight Under 21 Alcohol Arrest?: Most under age 21 alcohol arrests are for .01 blood alcohol concentration or greater.  In most of these arrests, the officer relies on an antiquated breath machine that uses fuel cell technology. There are many factors that can affect the accuracy of the result from a fuel cell device.  It is essential that you have an expert DUI defense lawyer who has expertise with these breath machines defend you.

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Top Four Reasons to NEVER, EVER Blow into an Alcohol Breath Testing Machine

 Top Four Reasons to NEVER, EVER Blow into an Alcohol Breath Testing Machine – Instead, Always Request a Blood Test! : It has always been my opinion that you should NEVER, EVER blow into an alcohol breath testing machine if you are being investigated for DUI – Driving Under the Influence of alcohol by a police officer.

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Palm Springs Gay Pride Tips to Avoid a DUI

Palm Springs Gay Pride Weekend is here! – This weekend – November 2-3, 2013 is Gay Pride weekend in Palm Springs, California and with it comes all the fun and festivities associated with Palm Springs Gay Pride.

Be safe and enjoy the festivities.  But remember, the Palm Springs Police Department, the California Highway Patrol, as well as other law enforcement agencies will be out in force looking for DUI drivers.

Here are some Tips to Avoid a DUI conviction:

Tip #1.  Don’t drink and drive! If you have been drinking, call a taxi or have a friend drive you home.

Tip #2.   If you do Drive, Don’t park near the bars! Cops or their agents routinely drive through popular bar parking lots (Azul, Toucans, Street bar, Spurline, Hunters, etc.) and note descriptions of cars in the parking lot and wait for the car to leave, then invent some reason to stop the car.   Never park near the bar!

Tip #3.   Always drive safely. Cops stop cars for speeding, unsafe lane changes, illegal turns, etc., and then it turns into a DUI investigation.

Tip #4.   Do not drive though fast food drive-thru restaurants. Cops work with many fast food restaurants and train their employees to report potential DUI drivers.

Tip #5.   If you have been stopped, DO NOT let the police officer check your eyes and do not agree to take other Field Sobriety Tests. You don’t have to (UNLESS you are on probation for a prior DUI conviction). No law requires a person suspected of DUI to submit to Field Sobriety Tests, unless you currently are on probation for a prior DUI conviction.

Tip #6.   Do Not answer questions during the DUI investigation. Everyone has a right to remain silent and not incriminate themselves.

Tip #7.   Never BLOW into a breath machine, ALWAYS request a Blood test. If you are arrested, you must choose a chemical test – always choose a blood test and never blow into a breath machine.  NOTE: If you are under 21 years of age, OR are on probation for a prior DUI, you must blow into the cops breath machine.

Tip #8.  Choose a blood test. Again, never blow into a breath device, choose a Blood test if you are arrested for DUI.

Tip #9. Make sure all of your car’s lights, turn signals, etc. are working properly. Cops are looking for a reason to stop drivers at night.

Tip #10.  Always be on your best behavior. Cops often have video cameras and record the stop and DUI investigation.

Tip #11.   If you are arrested for DUI, be sure to hire an expert DUI defense attorney to represent you. DUI cases are very complex and require specialized knowledge.  DUI defense attorney Manuel J. BarbaDUI defense attorney Manuel J. Barba is an expert in DUI defense.

For more detailed Tips to Avoid a DUI conviction click on the following link:

Call DUI Defense Attorney Manuel J. Barba today for a free consultation: (760) 770-3377