07th June 2006
Investigation of DUI Cases:
Walk and Turn (WAT)
The Walk and Turn (WAT) is a walking test. If administered properly, the WAT is 68% accurate in determining blood alcohol content (BAC) above .10%. In order to be administered properly, the test must ...
07th June 2006
Investigation of DUI Cases:
What Physical Symptoms?
Why are they Significant?
Officers will observe the physical appearance of the alleged intoxicated driver very closely. This is done to determine symptoms of intoxication in order to form the basis...
07th June 2006
Investigation of DUI Cases:
OLS
The One-Leg Stand (OLS) is a test that is performed in a stationary position. If administered properly, the OLS has a 65% accuracy rate in determining a blood alcohol content (BAC) above .10%. Proper administration of...
07th June 2006
Investigation of DUI Cases:
Give Examples of Non-Standardized FST's:
How to be given, what clues, what they mean.
Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drun...
07th June 2006
Investigation of DUI Cases:
HGN
Horizontal Gaze Nystagmus
Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is defined as an involuntary jerking of the eyes as the eyes move from the center position off to the side. Alcohol and some drugs...
07th June 2006
Vehicular Manslaughter
Vehicular manslaughter is a type of involuntary manslaughter which does not require the element of an intention to kill. The only difference between a vehicular homicide and other homicides is the use of a motor vehicle as a wea...
07th June 2006
Investigation of DUI Cases:
What driving patterns do police typically look for in DUI cases?
What do each of these driving patterns signify?
Why are they evidence of impairment?
The driving patterns that police typically look for have been out...
07th June 2006
Special Circumstances Murder
Under California law, a person found guilty of murder in the first degree can be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a te...
07th June 2006
Murder
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. There are two types of murder: murder in the first degree and murder in the second degree. In order to bring murder charges, the victim must die within a y...
07th June 2006
Manslaughter While Operating a Vessel
Manslaughter is the unlawful killing of another person, without having the intention to kill (known as malice aforethought-a prior intention to kill). Manslaughter may be either voluntary or involuntary. Volunt...
07th June 2006
Manslaughter
Manslaughter is defined as killing a person without premeditation or malice aforethought. Malice aforethought means having an evil intent prior to the killing. Like murder, there are different degrees of seriousness of manslaughter: volu...
07th June 2006
Homicide: Intro Page
Homicide is the unlawful killing of another human being. Included among homicides are murder and manslaughter, of which there are varying degrees and types.
Murder is the unlawful killing of a human being, or a fetus, with mal...
07th June 2006
PAS Tests
Preliminary Alcohol Screening devices, commonly referred to as PAS tests, are one of the types of field evidence police officers use in determining probable cause to make an arrest. Although officers don't often reveal this, a person stopped...
07th June 2006
Inappropriate Subjects for Breath Testing
Although breath testing is widely used to measure blood alcohol content (BAC), it is not appropriate for all people. Breath testing measures the amount of alcohol that is evaporated from the alveolar tissue in...
07th June 2006
Forced Blood Draw
When a person has been lawfully arrested for a DUI, the Implied Consent provision of the California Vehicle Code mandates that they take a chemical test in order to determine their blood alcohol content (BAC). Although a person may r...