DUI Chemistry: Stirred, Not Shaken
The BAC level presumed under the Widmark formula
What is .08%?
This test requires the person to walk in a straight line, heel to toe, then turn around.
What is Walk-and-turn?
This Supreme Court case ruled that police generally need a warrant to draw a DUI suspect's blood.
What is Missouri v. McNeely?
This defense challenges the prosecution's ability to prove the suspect was actually operating the vehicle at the time of the offense.
What is the driving issue?
This is the time, in days, a person has to request a DMV hearing after receiving a notice of suspension.
What are ten days?
A term referring to whether a person's stomach was full or empty (which significantly impacts how quickly alcohol enters the bloodstream)
What is Gastric emptying rate or stomach contents?
This test involves balancing on one leg while counting aloud for 30 seconds.
What is the One-Leg Stand?
This California case law set standards for when an officer can reasonably detain a vehicle based on driving patterns.
What is People v. White?
This defense challenges the officer's conclusion of impairment by showing that the client's performance on field sobriety tests was affected by a physical injury or medical condition.
What is the medical condition defense?
This specific hearing is focused solely on the validity of the license suspension, rather than the criminal DUI charges.
What is the APS hearing?
The process of alcohol concentration in the brain rising rapidly
What is rising BAC?
During these tests, an officer looks for involuntary eye movement to determine potential alcohol impairment.
What is Horizontal Gaze Nystagmus, or HGN?
This California code outlines the strict protocols for the collection and preservation of breath and blood samples in a DUI investigation.
What is Title 17?
This defense challenges a breath test result by showing that residual alcohol in the mouth affected the measurement.
What is mouth alcohol?
This is the automatic license suspension penalty imposed by the DMV if a driver refuses to submit to a chemical test.
What is one-year suspension or refusal penalty?
This term describes the maximum alcohol concentration reached in the bloodstream.
What is Peak BAC?
These are the environmental conditions that can make a test invalid, such as uneven surfaces or poor lighting.
What are surface or lighting conditions?
A California law that states: a person does not have the right to consult an attorney before deciding which chemical test to take.
What is the Implied Consent Law?
If the crime lab fails to maintain proper calibration logs for a breathalyzer, this regulatory defense is used.
What is a Title 17 violation?
This is the right allowing a driver to have their own test conducted on a split sample.
What is independent testing?
This is the average time it takes the human body to process and break down alcohol after one standard drink.
What is one hour?
This is the number of clues an officer looks for during a Walk-and-Turn test.
What are 8?
This case defined the concept of 'necessary driving,' allowing a defense against DUI charges during emergencies.
What is People v. Pena, (establishing) or the defense of necessity?
This defense argues that the vehicle was mechanically inoperable or that the client was not in actual physical control of the vehicle while impaired.
What is the inoperable vehicle defense, or the lack of volitional driving defense?
This is the official finding by the DMV hearing officer that the driver's BAC was 0.08% or higher at the time of driving.
What is the APS finding?