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Rabin Nabizadeh

January 3, 2017

DUI DEFENSE - BIASED JURORS   Jury selection in a California DUI case is a process by which the judge and/or the lawyers for both parties question prospective jurors to determine if anyone has a pre-existing bias about issues related to drinking and driving that will prevent him or her from being fair and open-minded [...]

Rabin Nabizadeh

January 3, 2017

The important variables in evaluating effects of alcohol on driving The mechanics of alcohol absorption, distribution and elimination are subject to a great degree of variability, depending on individual circumstances. Driving behavior, driver characteristics, and driving ability can also play a role in evaluating the effect alcohol has on driving ability, and the possibility of [...]

Rabin Nabizadeh

January 3, 2017

Increased alcohol tolerance in heavy drinkers Habitual use of alcohol or tolerance plays a role in how alcohol affects a particular person. What is tolerance? Tolerance is characterized by two major factors: The effects of alcohol decrease with repeated exposure to the same dose. If the dose is increased, the original effects can be achieved [...]

Rabin Nabizadeh

January 3, 2017

Factors affecting alcohol absorption The chemistry of alcohol absorption, distribution, and elimination is complex and it varies from person to person. Much of the variability is due to genetic and environmental factors such as gender, body composition, food consumption, liver volume, genetics, and ethnicity. Some of the variability is due to the nature of the [...]

Rabin Nabizadeh

January 3, 2017

How alcohol is absorbed and eliminated Alcohol that you have ingested, but that has not yet been absorbed into your bloodstream, has no neurological effects and cannot cause driving impairment. The time-frame in which alcohol is absorbed into the bloodstream and the volume of alcohol absorbed are significant in determining both impairment and blood alcohol [...]

Rabin Nabizadeh

January 3, 2017

Other non-standardized DUI tests Standardized and non-standardized tests There are many different types of field sobriety tests. Three such tests have been“standardized” by the National Highway Traffic Safety Administration: Horizontal gaze nystagmus. Walk and turn. One leg stand. Other tests are not standardized, but are still commonly used by many officers. These tests include: Romberg balancing [...]

Rabin Nabizadeh

January 3, 2017

Divided-attention questioning DUI Defense - Field Sobriety Test - Divided Attention All field tests are preceded by interrogation Regardless of which field sobriety test is used, the test is generally preceded by an interrogation of the person to be tested. The interrogation itself is a form of a test because it provides the officer an [...]

Rabin Nabizadeh

January 3, 2017

DUI Defense - “Objective” Signs of Alcohol Intoxication Odor of alcohol The odor of alcohol on a driver’s breath is one of the first clues an officer relies upon to both: Initially determine that a driver has been drinking. Provide justification for the start of a DUI/DWI investigation. However, this may not be an accurate [...]

Rabin Nabizadeh

January 3, 2017

Standardized DUI Tests Field tests are less reliable than chemical tests The best indicator of possible driving impairment appears to be a reliable blood alcohol test. Chemical tests can objectively and accurately determine the blood alcohol concentration (BAC) of the driver within the margin of error of the testing method and instrument. From this analysis, [...]

Rabin Nabizadeh

January 3, 2017

Secure the evidence and preserve your shoes! The first step your DUI attorney should take in preparing your case is to secure the scene and any evidence. Secure the scene As soon as you contact your DUI attorney, the attorney should ask you to return to the location where the field sobriety tests were performed. [...]