In reality, alcohol breath testers detect any chemical compounds that contain the methyl group in its molecular structure. Unfortunately, there are thousands of such compounds. Many occur naturally in the human breath or are picked up from disease; inhaling fumes from gasoline, glue, paint, paint remover, “new car smell,” celluloid, cleaning fluids, etc.

Breath testers also assume as constants certain ratios within the human body that actually vary widely from person to person and within the same person over time. For example, many breath-testing machines assume a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. However, this ratio varies from 1,900 to 2,400 among people and also within a person over time. This variation will lead to false BAC readings. Some breath analysis machines assume a hematocrit (cell volume of blood) of 47%. However, hematocrit values range from 42 to 52% in men and from 37 to 47% in women. A person with a lower hematocrit will have a falsely high BAC reading. These machines appear to discriminate against female suspects.

Alcohol breath machines are really BAC estimators, but they will still be used as evidence, by your Orange County prosecutor, to convict you of a DUI. It is up to your attorney to combat the validity on your alcohol breath test while in court. Read this article for the many ways that Chad will use to cast doubt on a drunk driving case. gogotrial.com/breathalizers-in-orange-county/

One way for your attorney to effectively use the principle of “liking” in a DUI trial is to make particular note of similarities that exist between the DUI defense team (which is you and your attorney) and the jurors. For instance, during jury selection, your attorney might say something like, “Ms. Thomas, I see you attended the same college as my client and probably graduated around the same time; however, you don’t recall ever seeing him on campus?” Or, another example of how your Orange County DUI defense attorney might handle the principle of “liking” is by saying to a juror who works as an electrician, “My dad was an electrician for 40 years in this area. I wonder if you knew him.”

Additionally, laughter is another way in which the “liking” principle can be used by the DUI defense team. Generally speaking, we tend to like individuals who make us laugh; therefore, a little humor from your DUI lawyer can prove to be quite effective. As a matter of fact, laugher has been shown to be such a powerful tool that it has often been said that a laughing jury never convicts.

The “liking” principle also will come into play as your Orange County DUI defense attorney thinks about whether or not to put you on the stand at trial. If one or more of the jurors don’t like you or your story, then that alone might be a sufficient reason to keep you off of the stand.

If you’re dealing with a DUI charge and you need the assistance of an Orange County DUI defense attorney, please call Chad Maddox at (714) 695-1500 for a free consultation.

With respect to the arrest itself:

• Did law enforcement search your vehicle, and if so, was anything found?
• At what point in the process did the officer tell you that you were under arrest?
• Were you put in handcuffs?
• Was a videotape or audiotape made, or were pictures taken during the stop?
• Were you read your Miranda rights, and did you waive those rights or stay silent?
• Did you request an Orange County drunk driving lawyer?
• Were you on a diet when you were arrested?
• How much sleep had you gotten over the previous two days?
• Had you taken any medications recently?
• Do you suffer from any physical disabilities or do you have balance problems?
• Do you have any mental health problems?
• Did you burp or throw up during the required observation period?
• How many breath samples did you give?
• Did you have any problems giving a sample?
• Did the operator disturb your breathing pattern at any time during the test?
• Did the operator make you hold your breath for any amount of time prior to blowing?
• Were you tested on more than one machine?

Your attorney will also want to know about your health at the time of the arrest:

Regarding the breath test:

If you have gotten a DUI, and you need an Orange County drunk driving lawyer to help you with your case, please call Chad Maddox at (714) 695-1500 for a free consultation.

While your Orange County DUI lawyer will attempt to limit the impact of your failed field sobriety test, the prosecution will emphasize why it should be given great weight. If the evidence shows that the arresting officer properly administered the test, the prosecutor will highlight that your failure could not have been due to misunderstanding the instructions. If you exhibited symptoms of intoxication such as slurred speech or dilated pupils, the prosecutor will attempt to reinforce your test results by arguing those symptoms also prove you were drunk. Finally, if any witnesses testify that you did well on the test, the prosecutor will discredit them by pointing out that they are not experienced in administering field sobriety tests like the arresting officer presumably is.

Although minimizing the impact on the jury of a failed field sobriety test is not easy, an experienced Orange County DUI lawyer should be able to capitalize on any opportunities to do so.

To get a free initial evaluation of your case, please contact experienced Orange County DUI lawyer Chad Maddox.

One important defensive argument involves producing facts relevant to alcohol absorption rates in women versus men. If you happen to be female, alcohol is absorbed into your blood stream at a much faster rate than males, thus leading to a higher blood alcohol content which may not be indicative of your inebriation or how many drinks your consumed. These differences are attributed to variations in size, weight and body composition. It has also been suggested that the enzyme “dehydrogenase” responsible for breaking down alcohol is lower in women than men.

Since alcohol is absorbed through the stomach, a DUI defendant with stomach or intestinal issues may wish to raise these arguments in defense of a finding of intoxication. Any number of physiological changes such as stress, fear, disease or surgery could lead to faster-than-normal absorption rates and a blood alcohol content reading which does not accurately depict the suspect’s alcohol consumption. Those with ulcers or other stomach ailments could have an impact on your blood alcohol content as the alcohol will absorb faster than it would in a person not facing such issues.

If you would like to meet with an Orange County DUI lawyer to discuss your case, contact the law office of Chad Maddox today. We can review the facts of your charge and arrest and help you determine the best course of action for your DUI defense.

The federal National Highway Traffic Safety Administration (NHTSA) has issued standard guidelines to be used by state officers administering field sobriety tests. With respect to the one-leg stand aspect of the examination, the NHTSA recommends the test to be administered in the following manner:

“The suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for 30 seconds.”

Signs of impairment include swaying while balancing, use of the arms to balance, hopping to maintain a balance or putting one foot down during the test. According to research performed by the NHTSA, 83% of DUI suspects exhibiting two or more of these behaviors will have a blood alcohol content of .08% or greater.

Unfortunately, many arresting officers fail to follow simple guidelines with respect to the one-leg stand test. As an experienced Orange County DUI lawyer can attest, officers have repeatedly committed the following acts during a one-leg stand test:

• Instructing the suspect to count to 30 silently;
• Informing the suspect to hold his or her leg suspended until instructed to place it back on the ground; or
• Inconsistencies with regard to where hands are to be held. Some instruct suspects to hold them to the side, while others want them parallel to the shoulders.

Failure on the part of an arresting officer to properly follow standard guidelines could result in your Orange County DUI lawyer successfully arguing that the results of your one-leg stand test, or field sobriety test in its entirety, should not be considered when deciding the defendant’s guilt or innocence. As such, without the field sobriety test results, most DUIs are dismissed for lack of evidence.

If you are facing a DUI and would like to enlist the help of a qualified and experienced Orange County DUI attorney, contact Chad Maddox today at (714) 695-1500.

In the case, a California highway patrol officer heard a police broadcast indicating that a 1980s blue van was weaving all over the road and that the driver was possibly drunk. The broadcast also indicated the specific highway location and the direction the vehicle was traveling. As the record from the trial court did not specify who generated the tip, the Supreme Court inferred this to mean it was from an anonymous tipster.

The patrol officer was so situated that he was able to pull over and wait for the vehicle to approach his location. Within minutes, a vehicle matching the tipster’s description passed by. The officer did not personally observe any traffic violations but nonetheless pulled the vehicle over; a DUI arrest subsequently followed. The only reason for the stop was the anonymous tip.

Acknowledging the tip was not only anonymous but also uncorroborated, the Supreme Court nevertheless found the stop lawful based on four factors:

1. In contrast to a previously-cited Florida gun case, the Court here concluded there was a greater risk to the public from a drunk driver than from the passive possession of a firearm.
2. The Court did not believe there to be a great likelihood of future false drunk driving tips.
3. The Court distinguished between the great intrusion of being personally searched (as in the Florida case) and the relatively benign act of being pulled over by the police as in this case.
4. Here, the tip in fact was accurate in both description and location.

A thorough examination of the facts of your case will provide an experienced Orange County DUI attorney the information required to present the best possible defense on your behalf. If you’ve been arrested for DUI and are facing trial, call Orange County DUI attorney Chad Maddox today for a free initial consultation.

The majority of field sobriety tests are given either on the side of the road or on a sidewalk, and it’s a known fact that most roads are crowned and most sidewalks are sloped in order to assist with water runoff. Additionally, you and the investigator should also look to see what the lighting conditions were in the area.

Something else that your well-versed Orange County DUI lawyer might ask you is whether or not you made any phone calls from jail. This is important because such calls tend to be made late at night and the person being called is usually asleep; thus, it is highly possible that some or all of the call might have been recorded on someone’s answering machine or voicemail. If any part of the conversation is on the recorder, you should seek to obtain and secure that recording as soon as possible because that recording may show that your speech was not slurred at all. When such evidence is available, it proves to be quite significant when fighting any claims of slurred speech.

If you need an Orange County DUI lawyer, please contact Chad Maddox at (714) 695-1500 for a free consultation.

The walk and turn test requires a driver to walk heel-to-toe along a line for nine steps and then turn and return. The test evaluates both the driver’s ability to follow directions and ability to physically complete the test.

A driver fails the walk and turn test if he or she is unable to maintain balance while completing the test or fails to follow the police officer’s instructions. Additionally, a driver may be deemed to have failed the test if he or she stops walking, steps off the line, is unable to maintain the required heel-to-toe stepping pattern, raises his or her arms, takes the incorrect number of steps, or turns improperly.

If you fail the walk and turn test, it is possible your Orange County DUI attorney will be able to prevent the results from being entered into evidence at your trial. In order for the results of a walk and turn test to be valid, the test must be conducted using a straight line on a reasonably hard, dry, and level surface. If your test was not conducted in these conditions, your Orange County DUI attorney will argue that the results of the test should not reach the jury.

Further, research indicates the walk and turn test can produce inaccurate results for those with back or middle ear problems, over the age of 65, or wearing high-heeled shoes during the test. If any of these characteristics apply to you, your Orange County DUI attorney will argue your test results are too unreliable to be admitted into evidence.

If you need legal assistance defending a drunk driving charge, please contact Orange County DUI attorney Chad Maddox, Esq.

The National Highway Traffic Safety Administration (NHTSA), the United States Department of Transportation, and the NHTSA-commissioned researchers do not claim that standardized tests are indicators of driving impairment. These organizations specifically point out the limitations SFSTs. They note that driving a motor vehicle is a complex activity and that tests measuring one’s ability to operate a motor vehicle are unlikely to be accurately measured at roadside. In fact, according to one study, “even valid, behavioral tests are likely to be poor predictors . . . of actual behind-the-wheel driving.” An experienced DUI defense lawyer can help you cast doubt on the efficacy of the roadside test administered to you.

Moreover, some police agencies do not believe that all SFSTs are accurate. For example, the California Highway Patrol Manual states that the horizontal gaze nystagmus test (HGN) is not meant to be a psychosocial test and the associated clues are not designed to discover signs of impairment. Yet, your DUI citation may very well have been based, at least in part, on your “failure” of an HGN test.

If you are interested in discussing your case further, call Orange County DUI Attorney, Chad Maddox, today for a free initial consultation.