Law Offices of Erik Steven Johnson

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San Jose DUI defense attorney field sobriety testsWhen a police officer pulls someone over on suspicion of drunk driving, they will be looking for evidence of the driver’s impairment. In many cases, they may ask a driver to get out of their car and perform a series of field sobriety tests, and based on their observations during these tests, they may decide whether to arrest the driver for DUI. If you have been pulled over, it is important to understand your rights and possible defenses against field sobriety tests.

Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has defined three Standardized Field Sobriety Tests that it recommends officers use:

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Avoiding a Drunk Driving Arrest on St. Patrick’s Day

San Jose drunk driving defense lawyer St. Patrick's DayWhether someone is of Irish heritage or not, St. Patrick’s Day provides a great opportunity to get together with friends and enjoy a night out on the town. However, the large number of people who consume alcohol during this holiday has resulted in a spike in drunk driving accidents and deaths. The National Highway Traffic Safety Administration (NHTSA) reported that between 2011 and 2015, there were 252 fatalities in car accidents involving drunk driving on St. Patrick’s Day. Due to the increased level of danger from drunk driving, police will be conducting DUI checkpoints in hopes of making arrests for driving under the influence before drivers cause dangerous accidents. 

Avoiding a DUI Arrest

People who are planning to celebrate St. Patrick’s Day should follow these tips to avoid being arrested for drunk driving:

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San Jose prescription drugs DUI attorney, DUI charges, drunk driving, prescription drug DUI, impaired drivingWhile most people are aware of the dangers of drunk driving, they may not realize that charges of driving under the influence (DUI) can result from the use of prescription drugs. This issue has grown in prevalence in recent years, with California’s Office of Traffic Safety (OTS) reporting that 38 percent of the drivers who died in car accidents in 2014 tested positive for legal or illegal drugs. As a result, police officers are becoming more vigilant toward possible impairment, and drivers should be aware of their rights when facing potential DUI charges related to prescription drugs.

Prescription Drug DUI

Studies performed by the National Institute of Health have shown that the use of drugs that can potentially lead to impaired driving has increased in the past 15 years throughout the United States. These drugs include both over-the-counter and prescription medications such as anti-depressant and anti-anxiety drugs, muscle relaxants, sleep aids, stimulants, and allergy medications.

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DUI arrest, San Jose marijuana DUI attorney, DUI charges, legal marijuana, recreational marijuana As of the beginning of 2018, the sale and use of marijuana for recreational purposes is legal in the state of California. While many people are celebrating this change in the law and the freedoms it provides, they should be aware that marijuana is now treated much the same as alcohol, and driving while intoxicated by the drug can lead to a DUI arrest.

California’s Marijuana DUI Laws

California law states that it is unlawful to drive a vehicle while under the influence of drugs or alcohol. It is also illegal to have an open container of alcohol or marijuana in a vehicle while driving.

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San Jose DUI attorney, DUI accidents, DUI arrests, holiday DUI, drunk drivingThis past Thanksgiving weekend was an especially deadly time on roads in the Bay Area and throughout California. The California Highway Patrol (CHP) reported that there were 76 fatalities in vehicle collisions throughout the state, and 1,057 people were arrested for DUI, which was a 17 percent increase from the previous year.

As the holiday season begins in earnest, drivers should be aware that the rate of drunk driving accidents increases significantly during the weeks surrounding the Christmas and New Year’s holidays. Between two and three times more fatalities from alcohol-related crashes occur during this season than during other times of the year. As a result, law enforcement will be increasing their efforts to stop drunk driving and increase safety on the road during the holidays.

Avoiding a DUI Arrest

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