Huntington Beach Very Active In DUI / Drunk Cases

Jan 26, 2011 — by Myles L. Berman | Comments (0)
Tags: Law Enforcement Agency Dui Checkpoints Drunk Driving Arrests

On Friday, January 14, 2011 and Saturday, January 15, 2011, the Huntington Beach Police Department (California) arrested 11 drivers for DUI / Drunk Driving at a sobriety checkpoint on Beach Boulevard and Speer Street. The checkpoint was conducted on Friday from 9:30 p.m. and ended Saturday about 3 a.m. Of the more than 1,500 vehicles that drove through the checkpoint, more that 500 were screened for DUI / Drunk Driving. Forty-two sobriety tests apparently were conducted and six vehicles were impounded. I recently reported that the City of Huntington Beach and the Huntington Beach Police Department was considering posting on the police department's Facebook page the names of people arrested for DUI / Drunk Driving. The city has now decided not to publish on the Huntington Beach Police Department Facebook page the names of people arrested for DUI / Drunk Driving.

Portable Pre-Arrest Breath Test Voluntary In Adult DUI / Drunk Driving Cases

Jan 19, 2011 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Field Sobriety Testing

Most police agencies in California now use a portable breath testing machine prior to making a DUI / Drunk Driving arrest. In California, if the driver is older than 21 and not on DUI / Drunk Driving probation, then the portable pre-arrest breath test machine is completely voluntary. The investigating police officer is required by law to advise the person being investigated for DUI / Drunk Driving that the pre-arrest portable breath test is completely voluntary. For years, I have been stating during many radio station interviews that post arrest breath testing machines are not accurate in determining a person's alcohol level in their blood. The portable pre-arrest breath testing machine is even less accurate than the post arrest breath test machine used by many police agencies at either their police stations or jails.

DUI / Drunk Driving Field Sobriety Tests Voluntary

In California, almost everyone arrested for DUI / Drunk Driving does some form of field sobriety tests. Some of the most common tests are walk the line, finger to nose, stand on one foot and estimate 30 seconds. Many different police agencies either use a variation of these test or have their own such as count backwards from 100 or say the alphabet without singing. All of the tests are completely voluntary. The tests are also designed to make it difficult to do them with 100% accuracy. Being investigated for DUI / Drunk Driving is a very scary and intimidating experience. In addition, not everyone has the same physical ability to perform these tests. Performance and administration of field sobriety tests are a main focus of attacking the prosecution case in defending DUI / Drunk Driving cases.