Tag Archives: DUI

Can Physical Ailments Such As Long Covid Cause False Positives During Field Sobriety Tests?

The PAS requires a certain amount of breath pressure before it will capture a sample of breath suitable for a BAC result. Many folks have physical limitations or breathing problems that limit their ability to perform. For example, if a … Continue reading

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If you have been recently arrested for DUI and plan on traveling to Canada, you may face some obstacles.

For context, Canadian immigration officials sometimes ask foreign nationals entering by foot, car, bus, train, boat, or plane whether they have ever been arrested.  By the official’s training, experience, and hunches, follow-up questions would depend on the traveler’s answer and … Continue reading

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Were You Arrested For DUI and “Submitted” To a PAS Breath Test? You May Need To File A Motion To Suppress

In many cases the police take a breath sample in the field (PAS, short for preliminary alcohol screening) and fail to properly advise the person of their right to refuse under California law. Because the officer is seeking a sample … Continue reading

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Arrested For DUI, Do You Need A Criminal Defense Attorney Or A DUI Lawyer?

In California the charge of driving under the influence is a misdemeanor criminal offense unless someone is hurt or the accused has more the 3 priors in the last 10 years. The offense carries stiff penalties such as potential jail … Continue reading

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Does a Pilot Need To Report A Refusal to the FAA?

The answer to this question requires a brief discussion laws, rules and regulations. First, 14 Code of Federal Regulations (CFR) 61.15(e) requires that everyone holding a pilot’s license report motor vehicle actions (see 61.15(c) for definition but it includes DWI/DWAI … Continue reading

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Motion To Exclude Use Of Term “Drug Recognition Expert” (DRE) at Trial.

A Drug Recognition Expert (DRE) is a cop who has taken a specialized training course. According to the training manual, “The Drug Recognition Expert course is a series of three training phases that, collectively, prepare police officers and other qualified … Continue reading

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