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Posts tagged "Breath Tests"

What Are the DUI Tests and is a Warrant Required in Oceanside?

Field Sobriety Tests: No Warrant

Police officers test for impairment in driving under the influence cases with a number of different tests. These include physical field sobriety tests - testing for horizontal gaze nystagmus, walk a straight line, heel to toe, stand on one leg, touch your nose, finger count, counting backwards, alphabet, 30-second time estimate, and hand pat. Field sobriety tests often involve several of these observational tests. The "suspect" is judged on appearance, following instructions and test performance.

Are DUI Breath Tests Legal without a Warrant in Vista?

DUI breath tests are legal without a warrant in Vista and throught the United States.  The U.S. Supreme Court ruled that a breath test is minimally intrusive and needed in DUI cases, therefore it is not an illegal search and seizure. However, blood tests are much more intrusive and require a warrant if a person refuses to take a blood test.  If there are exigent circumstances a warrant may not be required.  That depends on the individual case, like if there is difficulty in getting a warrant in a timely manner because of other circumstances like medical treatment, combative defendant or some other basis.