Nicole Richie’s DUI Arrest Teaches an Important Lesson
Actress and reality TV show star, Nicole Richie, joined the long line of celebrities charged with driving under the influence after her DUI arrest in December.
Richie’s lawyer entered a not guilty plea on her behalf on one misdemeanor DUI charge, according to an Associated Press news report. The complaint alleges the actress was under the influence of an alcoholic beverage and an unspecified drug when she was arrested during the wee hours of Dec. 11. According to the article, 911 callers reported that the actress, who was alone in her 2005 black Mercedes Benz sport utility vehicle, was headed the wrong way on the Ventura (134) Freeway in Burbank at about 12:30 a.m. When California Highway Patrol officers found Richie, she was stopped in a car-pool lane facing the right way. Officers arrested the 25-year-old actress after she reportedly failed a field sobriety test.
Officials also said that the actress voluntarily told officers at the time that she had smoked marijuana and taken the prescription painkiller Vicodin, but police reports show no drugs were found on her or in the car. In addition to the single DUI count, Nicole Richie’s case contains an additional allegation that she had a prior misdemeanor DUI conviction in June 2003. The California Vehicle Code states that if convicted of DUI twice within 10 years, a person could be sentenced up to a year in jail, faces fines of up to $1,000 and could have his or her driving privileges suspended.
It is interesting that Richie agreed to take a field sobriety test, which eventually led to her arrest. Drivers who are stopped on suspicion of DUI or DWI are routinely asked by police officers to perform one or more field sobriety exercises. These roadside exercises are one of the tools that help DUI officers determine whether the suspect may be driving under the influence and whether he or she should be arrested and taken for further blood or breath alcohol tests.
But there are two things most people don’t know about this test: 1. They are voluntary and 2. Several studies question the accuracy of these tests and their inherent design that are believed to result in an unfavorable outcome for the person taking the test. The National Highway Transportation Safety Administration (NHTSA - www.nhtsa.gov), a federal regulatory agency, conducted a series of lab and field studies to determine the accuracy of these tests. The results for the three most commonly performed field tests, widely known as the Standardized Field Sobriety Tests (SFSTs) used to determine whether a suspect’s blood alcohol level is .10 or higher were reported as follows:
• Horizontal Gaze Nystagmus: 77 percent accurate in gauging DUI impairment
• Walk and Turn: 68 percent accuracy rate
• One Leg Stand: 65 percent accuracy rate.
These numbers speak for themselves. NHTSA’s studies reveal several significant problems with the SFSTs. For example, if these tests were used to convict people of drunk driving, then up to 35 percent could be wrongly convicted. Also, DUI officers don’t always administer the test according to NHTSA’s specifications. Very few officers are even aware of these specifications. Also bear in mind that numerous factors can affect how well a person performs on these sobriety tests. They could be plain nervous, exhausted, injured, scared, distracted or simply not coordinated.
So, is it surprising that Nicole Richie failed a field sobriety test at 12:30 a.m. soon after CHP officers found her stopped in the middle of a freeway? With possible jail time and the danger of losing her license with the second DUI misdemeanor, Richie would have every reason to contest her DUI charge.
For more information about how you can fight your DUI and save time, money and emotional hardship, call a Southern California Drunk Driving lawyer. We’re experienced, we understand the law and we’ll get the best possible results for you.
