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Am I Legally Required to Participate in a DUI Checkpoint?

By San Diego Attorney on June 26, 2013

DUI checkpoints or sobriety checkpoints are locations where law enforcement officers are stationed to check drivers for signs of intoxication or impairment. There are many jurisdictions that utilize DUI checkpoints as a part of their drunk driving deterrence program. Due to the fact that there are questions as to their constitutionality, not all states conduct sobriety checkpoints. Some states such as California and Nevada authorize their use, where other states such as Oregon, Washington and Texas do not use them. In Ingersoll v. Palmer (1987), the Supreme Court of California concluded that within certain limitations sobriety checkpoints are permissible under the state and federal Constitutions.

How Can I Afford to Hire Your Firm?

By San Diego Attorney on July 26, 2012

Here are some of the most frequently asked questions regarding payment plans:

Field Sobriety Tests: Romberg Balance

By San Diego Attorney on June 21, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. The next few blogs will examine each test in detail.

Field Sobriety Tests Administered by a DRE

By San Diego Attorney on June 19, 2012

A Drug Recognition Expert (DRE) will use four divided attention psychophysical tests to evaluate someone suspected of drug impairment. These tests are standardized in their administration, documentation, and interpretation. This is very important because it means it has to given exactly the same way each time: same instructions, always recording the subject’s performance in a prescribed manner; and looking for a specific set of cues to determine to what extent the subjects are impaired.

The next few blogs will examine each test in detail. The four tests are listed in the proper sequence:

DRE Checklist, Step 12: Toxicology Examination

By San Diego Attorney on June 4, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 12: Toxicology Examination

It is the DRE’s job to obtain the specimen that will be sent to the laboratory for chemical analysis. He must follow proper procedure as well as the lab that will be doing the testing. They have to ensure proper handling, packaging, and delivery of the specimen. Failure to do this may result in the evidence being excluded from the case.

DRE Checklist, Step 11: Opinions of the Evaluator

By San Diego Attorney on May 31, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 11: Opinions of the Evaluator

It is the DRE’s job to render an opinion of the subject right now, not to speculate about the condition at the time of arrest, unless the DRE witnessed the arrest. If the subject is impaired, then the DRE will create a written statement saying:

DRE Checklist, Step 10: Subject’s Statements and other Observations

By San Diego Attorney on May 29, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 10: Subject’s Statements and other Observations

By this time the DRE will have already spend about 30 minutes with the subject and finished completing a physical exam. An interview will then follow, where the expert will ask the subject a variety of specific questions, which can include:

DRE Checklist, Step 9: Examination for Injection Sites

By San Diego Attorney on May 23, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 9: Examination for injection Sites

DRE Checklist, Step 8: Examination of Muscle Tone

By San Diego Attorney on May 15, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 8: Examination of Muscle Tone

The DRE will examine the subject’s muscles by “working” them. The reason for this is because some drugs will cause the muscles to be very flaccid and rubbery such as depressants. CNS stimulants and hallucinogens cause a rigid, stiff, or tense feeling in the muscle.

DRE Checklist, Step 7: Dark Room Examinations

By San Diego Attorney on May 14, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 7: Dark Room Examinations

Using a pupillometer, which is a plastic card on which a number of circles and semi- circles appear, the DRE will take the subject in to a dark room to estimate the pupil size in room light and do the following: