DUI Blogger

Here’s a list of the California DUI sobriety checkpoints that are scheduled for this weekend. Unfortunately, some aren’t too specific, but if you check with the police/sheriff stations a couple of hours before the checkpoints are set to begin, you can usually find out more information about their specific locations.

The Santa Ana Police Department will operate its DUI checkpoint from 7:30pm until1am Friday night. They will be stopping cars in the area of 1000 N. Newhope St. near Rosita Park.

The San Bernardino County Sheriff’s Victorville station will conduct a DUI / license checkpoint on Friday from 7pm until 3am at an undisclosed location in Victorville.

The Escondido Police Department will conduct its DUI sobriety / driver’s license checkpoint Friday night between 6pm and 1am at an undisclosed location in the city. Weather permitting, all vehicles will be stopped.

The Oxnard Police Department will operate a DUI roadblock between 6pm and 2am on Friday at an undisclosed location.

Police will be conducting a sobriety / driver’s license checkpoint between 6pm and 2am on Friday at an undisclosed location in the city of Highland. Weather permitting, all vehicles will be checked.

Redlands Police will operate their DUI sobriety roadblock Saturday night from 10:30 to 3:30 in the southbound lane of Alabama Street between Park and Orange Avenues.

Remember, if you are pulled over for a DUI, whether on the road or at a California DUI sobriety checkpoint, please remain polite at all times, invoke your right to remain silent, and do not submit to any field sobriety tests.

…And, above all else, be safe!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests , News & Information

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California law enforcement officers have called 2010 the “year of the checkpoint”. What they really should have called it is “year of the cash cow”.

A recent report from the University of California at Berkeley found that in 2009, DUI checkpoints generated approximately $40 million in revenue…money which is split between local law enforcement agencies and their local towing companies. Why the towing companies, you ask?

Because DUI checkpoints aren’t really set up to catch drunk drivers…that’s just the pretext. Rarely do cops arrest even a handful of drunk drivers as a result of these roadblocks…and for that matter, it’s not even that uncommon for the police to close shop on a checkpoint without making any DUI arrests.

Who the police are really after are drivers who are driving on suspended/expired driver’s licenses and those driving without a license. When the police stop these individuals, they immediately impound the driver’s car for 30 days, which costs the driver between $1,000-$4,000 to get it back. That money is split between the city and the towing company who tows and stores the car.

Let’s look at the trend -- last year, about 24,000 cars were seized at California DUI checkpoints, up from just fewer than 18,000 in 2008 and just fewer than 16,000 in 2007. Just know that as long as we are suffering a budget crisis, these alleged DUI checkpoints aren’t going anywhere.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests , News & Information

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Typically when you take a test, you at least have the opportunity to pass. DUI field sobriety “tests”, however, automatically set you up for failure.

Take, for example, the finger count DUI field sobriety test. This “test” supposedly tells a cop whether you’re too drunk to drive. While you’re engaged in this FST, the officer is evaluating everything you’re doing…everything you’re doing wrong, that is.

He’s not taking note of the fact that you’re actually doing things right. He’s been trained only to observe the bad…this is how he gathers evidence to prove that you were driving under the influence. And forget the fact that illness, fatigue, nerves, or countless other innocent factors could cause anything other than a stellar performance.

Let’s just call these field sobriety tests what they really are – “exercises to give officers more ammunition against you”. Doesn’t roll off the tongue quite as easily as the “finger count DUI field sobriety test” but it’s certainly a lot more accurate.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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We recently explained that the Romberg balance DUI field sobriety test was not an FST at all, but rather a neurological test used by doctors to detect disorders. Well the same goes for the “finger to nose” DUI field sobriety test as well.

The “finger to nose” test is a neurological test, not an original FST. When performed in a doctor’s office, it is precisely administered and evaluated. When performed on the side of the road or in a police station, precision goes out the window.

Since it isn’t one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests, there is no scientific data to support its use as a reliable FST. Officers are not only free to administer it as they wish, but are also free to evaluate a suspect’s performance as they wish.

Nerves, intimidation, and one’s personal coordination make this test…and, for that matter, pretty much all field sobriety tests…poor indicators of drug and/or alcohol impairment.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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Many law enforcement agencies routinely include the Romberg balance DUI field sobriety test in their FST arsenal. The problem is that it was never intended to be used as a field sobriety test. As a result, it provides little if any indication as to whether an individual was, in fact, driving under the influence.

Originally developed by a 19th century ear doctor, Moritz Romberg, it is a neurological test designed to test someone’s balance. Today, doctors find it particularly useful in detecting multiple sclerosis, as well as a variety of other neurological and inner-ear disorders.

Somewhere along the road, police agencies decided to expand this test to apply it to drug and/or alcohol impairment. They also added a couple of requirements to the test: the DUI suspect must tilt his/her head back and estimate time (neither of which are necessarily indicative of impairment).

Furthermore, sober people who suffer from M.S., neurological problems, poor balance, or who have been injured will certainly experience difficulty “properly” performing this test.

These are just a few of the reasons why the results of a Romberg balance DUI field sobriety test should always be challenged.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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Let’s first address the fact that the hand-pat DUI field sobriety test is not scientifically validated. Neither the National Highway Traffic Safety Administration (the national agency that issues police protocols for field sobriety testing), nor any other reputable agency has concluded that the hand-pat DUI field sobriety test is a good indicator of alcohol and/or drug impairment.

Despite this fact, it is a very common FST. Many law enforcement officers continue to administer this field sobriety, claiming that it helps them detect impairment. This, however, is nonsense.

During this test, the suspect essentially plays “patty cake” with him/herself while counting aloud. If the suspect counts too fast, he/she fails. If the suspect counts beyond “one, two, one, two” he/she fails. If the suspect becomes too nervous and flips his/her hands too quickly, he/she fails.

There are too many factors that make this so-called “test” unreliable. Nerves, intimidation, one’s natural coordination, and the fact that there is no uniform standard or consensus that the hand-pat FST is even applicable to detecting intoxication renders this test an easy one to challenge.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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Just consider this a follow-up to yesterday’s blog “The Problems with the So-Called ‘Reliable’ DUI Walk-and-Turn Field Sobriety Test” as we turn to the even less reliable one leg stand.

Just like the walk-and-turn FST, the one leg stand DUI field sobriety test has its fair share of problems. In fact, they are the same problems as the walk-and-turn presents: (1) the accuracy rate (or should we say “inaccuracy” rate), and (2) it is an unfair test for a large percentage of the population. Let’s address these in order.

First, if precisely administered and evaluated according to the National Highway Traffic Safety Administration’s standards (which is rarely if ever the case), the one leg stand FST only has a 65% accuracy rate at determining alcohol and/or drug impairment.This means that at best, one out of every three people is falsely arrested for DUI based on this field sobriety test.

Second, people over 50, people who are overweight, those with physical injuries, and those wearing shoes with any type of heels will be unfairly disadvantaged by this “balance” test…a fact which is typically ignored by arresting officers who are committed to meeting their DUI quotas.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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The walk-and-turn test is one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests. This means that it is deemed “reliable” as an accurate measure of one’s alcohol and/or drug impairment. There are two problems with this.

The first problem is that the walk-and-turn DUI field sobriety test is only 68% accurate. Although...by DUI standards…this percentage is considered high, I can’t think of another scientific forum where a 68% accuracy rate would be considered even close to reliable. This basically means that one out of every three people is falsely arrested for DUI based on this field sobriety test.

The second problem with the walk-and-turn DUI field sobriety test is that there is a significant portion of our population that can’t perform this test well, even while sober. This includes people who are overweight, people over 60 years old, people who have suffered any type of injury, and those wearing shoes with heels over two inches high.

Unfortunately, these people are rarely, if ever, excused from taking this FST, adding to the inaccurate results of this so-called “reliable” DUI field sobriety test.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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The horizontal gaze nystagmus test is one of the three “standardized” DUI field sobriety tests. This test (otherwise known as the HGN test) is actually an eye exam. Since most (if not all) police, sheriff, and other local law enforcement officers typically aren’t ophthalmologists…or, for that matter, any type of doctor…they really have no business administering this type of test.

The fact is that a large percentage of the population naturally displays nystagmus, which is nothing more than the “jerking” of the eye. This poses a significant problem, since, when present, officers believe that horizontal gaze nystagmus is an indicator of drug and/or alcohol impairment. Without medical training, it could be difficult to distinguish between naturally occurring horizontal gaze nystagmus with horizontal gaze nystagmus due to impairment.

Add to this the fact that when properly administered and evaluated, the HGN test is only 77% accurate. This means that about one in every four people will be falsely arrested for DUI based on this so called “reliable” field sobriety test.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests , Horizontal Gaze Nystagmus Test

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Despite common misperception…due in large part to the fact that cops don’t often share this information…neither California nor Nevada DUI field sobriety tests or “FSTs” are mandatory tests. You have the absolute right to refuse to take these tests and most DUI defense attorneys will advise you to do just that.

This is because DUI field sobriety tests or “FSTs” are highly subjective, used by officers to determine that you are driving under the influence. The problem is that even the “scientifically validated” FSTs are only between 65-77% accurate at detecting alcohol and/or drug impairment. The remaining tests (which comprise the bulk of DUI field sobriety tests) have absolutely no data to support their reliability.

Even a teetotaler (someone who completely abstains from drinking alcohol) would likely “fail” the FST regimen, as officers can find fault with almost anyone’s performance on these “balance and coordination” tests.

So the bottom line is this…don’t help the police arrest you for DUI. If you politely refuse to submit to the FSTs, you are well within your rights to do so and will make it more difficult for the prosecution to prove that you were guilty of drunk driving.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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As a Los Angeles DUI defense attorney, people frequently ask me the following question: If I’m stopped for DUI, should I take a blood/breath test or refuse to do so? And here’s how I respond: It depends.

If you can live without your driver’s license for a year, then politely refusing to submit to a chemical blood or breath test is a good choice. I say this because the California DMV will automatically suspend your driver’s license for a minimum of one year (more if it’s your second or subsequent DUI arrest) if you refuse to submit to a blood/breath test.

But if you can suffer that consequence because either (1) you can rely on friends/family to drive you, or (2) have a good public transportation system, prosecutors have a difficult time proving refusal cases. Often times the arresting officer can’t articulate exactly why he/she believed you were DUI. And even when he/she can, a good drunk driving defense lawyer can usually challenge those observations.

If you can’t give up your driving privilege, then take a test…but only at the station, not a hand-held test in the field. And opt for the breath test, as it’s much easier to effectively dispute the accuracy of breath test results over blood test results.

Hope this helps!

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Chemical Test Refusal , DUI , DUI Blood Testing , DUI Consequences , Field Sobriety Tests

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As the holiday California DUI crackdown comes to an end, here is a list of the California DUI sobriety / driver’s license checkpoints scheduled to take place tonight and over the weekend.

New Year’s Eve:

• The LAPD will be operating DUI roadblocks in Hollywood at Hollywood Blvd. and Las Palmas Ave. from 8:00pm until 3:00am and in North Hollywood at Lankershim Blvd. and Chandler Blvd. beginning at 5:30pm.


• The CHP will be conducting DUI checkpoints in Winterhaven in an unincorporated area of Imperial County between 2:30pm and 10:30pm and in the Woodcrest area from 8:00pm until 2:00am. The CHP will also be operating checkpoints in Santa Maria at undisclosed locations and times tonight, Friday night, and Saturday night.


• The Porterville P.D. will conduct two to three sobriety checkpoints in the city at undisclosed locations and times.


• San Francisco Bay area law enforcement agencies are teaming up to operate DUI sobriety / license checkpoints in the cities of Alameda, Hayward, Newark, San Leandro, and Union City beginning tonight and running through January 3rd. They have also announced that they will have increased DUI patrols around the Oakland Coliseum on January 3rd, when the Oakland Raiders host the Baltimore Ravens.

Friday, January 1, 2010:

• The LAPD will operate its DUI roadblock in Los Angeles at South Figueroa St. between 8th and 9th Street from 6:00pm until 1:00am.


• The CHP will conduct its sobriety checkpoint in the unincorporated area of Santa Barbara in the South County from 8:00pm until 2:00am.


• The Lompoc P.D. will operate a DUI checkpoint from 6:00pm until midnight with the city limits.


• The Seal Beach P.D. will operate a DUI sobriety checkpoint in the south end of the city, beginning at 8:00pm.


• The Suisun City P.D. will conduct its sobriety checkpoint on southbound Sunset Ave. between Railroad Ave. and Pintail Dr. from 7:00pm until midnight.

Continue reading "California DUI Sobriety Checkpoint Schedule -- New Year's Eve Weekend" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests , News & Information

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There are at least four California DUI sobriety / driver’s license checkpoints scheduled for this weekend. Here is what we know:

The San Bernardino Police Department will conduct its sobriety / license roadblock from 6:00pm tonight until 2:00am Saturday morning at the intersection of Baseline Rd. and Medical Center Dr.

The Rancho Cordova Police Department will operate its DUI sobriety checkpoint from 8:00pm tonight until 2:00am Saturday morning at an undisclosed location in the city of Rancho Cordova.

The Lake Elsinore Police Department will conduct a sobriety / license checkpoint from 6:00pm until midnight tonight at an undisclosed location in the city of Lake Elsinore.

The Oakland Police Department will operate a drunk driving / driver’s license checkpoint from 6:00pm tonight until 2:00am Saturday morning at an undisclosed intersection in the city of Oakland.

If you encounter a California DUI sobriety / driver’s license checkpoint…and have been drinking…always be polite, respectfully decline to answer any questions, respectfully decline to take any field sobriety tests, and respectfully decline the mini handheld breathalyzer test…following these steps is your best bet when it comes to fighting a California DUI.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Checkpoints , DUI , Field Sobriety Tests

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Late Thursday night, early Friday morning, Alexandra Kerry (Sen. John Kerry’s 36-year old daughter) was arrested for DUI in Hollywood.

Kerry was reportedly pulled over because of expired registration tags. L.A.P.D. officers suspected her of driving under the influence and conducted a DUI investigation. After refusing an on-scene breathalyzer test (commonly known as a PAS test) and allegedly “failing” her FSTs, Kerry was arrested and booked into the Hollywood police station. Kerry then submitted to a DUI chemical blood test, the result of which revealed a BAC of 0.06%...0.02% lower than California’s illegal limit of 0.08%.

Although Kerry could technically face a charge for Vehicle Code 23152(a) which prohibits driving under the influence regardless of what her BAC was, it is more likely that the case will be dismissed or plea bargained down to a lesser charge.

Continue reading "Sen. John Kerry's Daughter Arrested for DUI Despite 0.06% BAC" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI Consequences , DUI Legislation , Field Sobriety Tests , News & Information

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California DUI investigations almost always involve field sobriety tests (FSTs). FSTs are designed to help police determine whether an individual is too impaired by alcohol and/or drugs to drive safely. These tests are divided into two groups: California DUI standardized field sobriety tests (SFSTs) and California DUI non-standardized field sobriety tests.

There are three standardized FSTs. These three SFSTs have been scientifically validated by the National Highway Traffic Safety Administration (NHTSA) as being a reliable indicator of impairment. The three tests that are endorsed by NHTSA…the federal agency who regulates DUI field sobriety testing…include:

1. The horizontal gaze nystagmus (HGN) FST


2. The walk-and-turn FST


3. The one-leg stand FST

However, even these “reliable” tests are only accurate at detecting alcohol and/or drug impairment between 65-77% of the time. What’s worse is that these statistics assume that these tests are being “precisely” administered according to NHTSA’s rules and regulations when the fact is that most officers never receive personal NHTSA instruction.

Continue reading "The Difference between California DUI Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests , News & Information

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Despite common misperception, California DUI law does not require you to submit to field sobriety tests (FSTs) while under investigation for drunk driving. These tests are completely voluntary, even though the officer conducting them may conveniently forget to mention that fact…or, at best, may simply gloss right over it.

Unfortunately, many people don’t realize that these tests are not required and submit to them under the false belief that they must do so. The problem -- which you know if you’ve been convicted of a DUI -- is that these tests simply set you up for failure.

Each California FST is designed to test your “divided attention”. Simply put, this means that the officer will be watching to see if you can follow several instructions at the same time.

When the officer who arrested you testifies as to your performance, I promise the jury will hear that you “didn’t perform the tests as explained and demonstrated”. The officer will go out of his/her way to point out all of the things that you did wrong, painting a picture of what the jury will see as a falling down drunk.

Continue reading "The Truth about Field Sobriety Tests" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Field Sobriety Tests

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