If you’ve been accused of a misdemeanor or a serious felony – whether in Alameda or Contra Costa county – an Oakland criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.


Summit Defense
1970 Broadway, #1145, Oakland, CA 94612

All About Tests for DUI in Oakland

If you’ve been accused of a misdemeanor or a serious felony – whether in Alameda or Contra Costa county – an Oakland criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.


Summit Defense
1970 Broadway, #1145, Oakland, CA 94612
Last Modified: August 29, 2023

All about tests for DUI in Oakland

Driving under the influence (DUI) persists as a significant concern that threatens the safety of our roads. Understanding the testing methods for DUI becomes essential not just for legal reasons but for public awareness. Drivers must know what awaits them should they choose to drink and drive.

Summit Defense, an esteemed law firm in Oakland, has been at the forefront of providing legal advice to those accused of DUI offenses. We believe in educating our community about the intricacies of DUI tests. Our aim is to offer clarity, dispel myths, and help individuals navigate the complex terrain of DUI laws.

Standardized field sobriety tests can be confusing. Sometimes field sobriety testing is done improperly. If a field sobriety test is performed improperly by the police officer, the results could be thrown out. That is why you need an experienced DUI lawyer who can help you.

Learn more about preliminary alcohol screening tests below, and give us a call today to schedule a case consultation.

Importance of DUI Testing for Enforcing Road Safety in Oakland

Importance of DUI testing for enforcing road safety in Oakland

DUI testing is the linchpin in ensuring road safety in Oakland. These tests determine if a driver is driving a vehicle while drugs or alcohol are influencing them. Reliable testing is crucial for upholding the law, protecting innocent road users, and ensuring that the rights of drivers are not infringed upon. The aim is to strike a balance between road safety and personal liberties.

Moreover, DUI tests act as a deterrent. The knowledge that there are efficient methods to detect impaired driving can discourage potential offenders. In Oakland, as in other parts of the country, the fight against drunk driving is intense. Rigorous testing is a significant part of this effort, ensuring our roads remain safe.

Field Sobriety Tests (FSTs)

Field Sobriety Tests are a collection of evaluations performed during a traffic stop to gauge a driver’s impairment level. These tests help officers determine if a more comprehensive chemical test, like a breathalyzer, is necessary. Here’s a brief look at the common FSTs:

Horizontal Gaze Nystagmus (HGN) Test

This test examines the involuntary jerking of a person’s eyes as they gaze from side to side. An impaired individual will exhibit pronounced nystagmus, a clear indicator of intoxication. Officers are trained to observe these signs closely. The horizontal gaze nystagmus test remains a standard FST.

Walk-And-Turn (WAT) Test

During the Walk-and-Turn test, the individual must take nine heel-to-toe steps in a straight line, then turn on one foot and return in the same manner. Police officers watch for signs of imbalance, incorrect step counts, or inability to follow instructions as indicators of impairment.

One-Leg Stand (OLS) Test

The driver is ordered to stand on one leg in the One-Leg Stand test. The driver must balance on his foot. Then, he counts out loud for a specified period. If the driver hops or sways, it could be a sign of intoxication. This is another frequent FST.

DUI Chemical Tests

DUI chemical test

Chemical tests provide a more accurate measure of a driver’s blood alcohol content (BAC). These tests require specialized equipment and trained professionals to administer. Let’s delve into the two primary chemical tests:

Breathalyzer Tests

Breathalyzers gauge the amount of alcohol in a person’s breath. These devices work by measuring the alcohol content in the deep lung air, which is then used to estimate the BAC. In Oakland, California’s “implied consent” law means drivers must submit to a breathalyzer if suspected of DUI. Refusal can result in severe penalties, including license suspension. Breath testing is frequently performed when the officer suspects someone is driving under the influence.

Blood Tests

Blood tests offer the most precise measurement of BAC (blood alcohol concentration). A sample is drawn and analyzed in a laboratory to detect alcohol levels. Proper collection, storage, and handling are critical to ensuring the test’s accuracy. A mishandled sample can compromise results and may be grounds for contesting the DUI charge in court.

A DUI arrest may follow physical tests or chemical tests. Our law office is here to answer your questions. We can answer if you have concerns about blood, breath, or non-standardized test.

Factors Affecting the DUI Test Accuracy

Various elements can influence the accuracy of DUI tests. Recognizing these can help understand test results or challenge them in a court of law.

Biological Factors

Everyone metabolizes alcohol differently. Factors like weight, age, gender, and metabolism rate can affect BAC. Therefore, two individuals consuming the same amount of alcohol might register different BAC levels.

Procedural Factors

How a test is administered matters. For instance, if a breathalyzer isn’t calibrated correctly, it might give inaccurate readings. Similarly, contamination can occur if protocols aren’t followed during blood sample collection.

External Substances

Certain medications, mouthwashes, or even some foods can contain alcohol or substances that might interfere with test results—consuming these before a test could lead to falsely elevated BAC readings.

DUI Testing Process in Oakland

DUI testing process in Oakland

A series of procedures ensue if an officer suspects DUI during a traffic stop in Oakland.

Traffic Stops and Initial Assessment

The process begins with the officer observing signs of impairment, like erratic driving. Once stopped, the officer will assess the driver’s demeanor, smell for alcohol, and look for other intoxication signs. During this assessment, the officer might ask questions about recent alcohol consumption. The officer’s observations during this initial interaction can be critical for subsequent legal procedures.

Arrest and Formal Testing

If FSTs indicate impairment, the driver is arrested on suspicion of DUI. Following the arrest, they are then subjected to chemical tests, either a breathalyzer or a blood test, to confirm BAC levels. This step is crucial because exceeding the legal limit can lead to severe penalties. Refusing these tests can also have significant legal consequences.

Documentation and Chain of Custody

Post-arrest, all evidence, especially blood samples, must be documented and stored properly. Correct storage is essential to prevent contamination or degradation. The chain of custody is a record of all individuals who handle the evidence, ensuring its integrity. Any breaks or inconsistencies in this chain can potentially challenge the validity of the evidence in court.

Accuracy and Reliability of DUI Tests

While DUI tests, especially chemical ones, are deemed accurate, they aren’t infallible. Machine malfunctions, human error, and external factors can influence results. Individuals need to know their rights and the potential for inaccuracies.

On the other hand, technological advancements and rigorous training programs for law enforcement officers have significantly enhanced the reliability of DUI tests. Consistent updates to testing equipment and procedures aim to minimize errors and ensure a fair assessment.

Challenging DUI Test Results

Questioning the accuracy of DUI test results is a common defense strategy. Many factors can compromise test integrity, from a faulty breathalyzer to mishandled blood samples. If there’s a reasonable doubt about the test’s accuracy, it might be dismissed in court.

However, challenging these results requires expertise. Knowledge of the testing process, potential pitfalls, and legal precedents is crucial. Here, a seasoned DUI attorney becomes indispensable, scrutinizing every detail to ensure their client’s rights are upheld.

Legal Consequences of Failing DUI Tests in Oakland

Legal consequences of failing DUI test in Oakland

Oakland, like the rest of California, takes DUI offenses seriously. Understanding the potential consequences of failing DUI tests can be sobering.

A. Administrative Penalties

The DMV might suspend or revoke driving privileges even before a court conviction. This administrative action is independent of any criminal charges the driver might face. In some cases, drivers may be given temporary licenses that restrict driving to essential trips. The length and terms of these suspensions can vary based on the circumstances and prior offenses.

B. Criminal Penalties

Convictions can lead to fines, jail time, probation, and mandatory DUI programs. The severity of these penalties depends on the number of prior offenses, BAC level, and presence of any aggravating factors. First-time offenders might get lighter sentences, but repeated violations significantly increase the severity. Moreover, the presence of minors in the vehicle during the offense can lead to even stricter penalties.

C. Impact on Insurance Rates

DUI convictions typically result in higher insurance premiums. Some insurance companies might even refuse coverage for individuals with DUI convictions. Those who still get coverage might find their rates doubled or even tripled. Maintaining a clean driving record post-conviction is crucial for eventually reducing these rates.

D. DUI School and Rehabilitation Programs

Often, individuals convicted of DUI are required to attend DUI education programs. These options are meant to educate drivers about the dangers of impaired driving. Courses can range from a few weeks for first-time offenders to several months for repeat offenders. Completing these programs might be a condition for reinstating driving privileges or reducing penalties.

Our DUI Attorneys Can Guide You Through Your DUI Case in Oakland

Facing a DUI charge is daunting. The complexities of the law, combined with the potentially life-altering consequences, demand expert guidance. Summit Defense boasts a team of experienced DUI attorneys well-versed in Oakland’s DUI testing procedures.

  • Expert Case Analysis: Our attorneys begin by meticulously analyzing every facet of your case. We assess the details to determine the best strategy tailored for you.
  • Traffic Stop Examination: We closely examine the validity of the traffic stop to ensure it adhered to legal procedures and rights were not infringed.
  • DUI Test Scrutiny: Challenging the accuracy of DUI tests is crucial. Our team specializes in pinpointing inconsistencies or procedural errors in the testing process.
  • Rights Protection: Your rights are paramount. Our attorneys ensure that every step taken by law enforcement is within the bounds of the law.
  • Tailored Defense Strategy: Every case is unique. We craft a defense strategy designed explicitly around the nuances of your situation.
  • Outcome Optimization: Our primary goal is to secure the best possible outcome. Whether it’s reducing charges or fighting for dismissal, we advocate fiercely for your interests.

At Summit Defense, we understand the gravity of a DUI charge. We know the impact it could have on your life. Trust our experienced team to provide the dedicated representation you deserve. Our commitment is unwavering, and we’ll stand by your side every step of the way.

Contact Summit Defense to Schedule a Free Consultation With Our Trusted Oakland DUI Lawyers

Contact Summit Defense to schedule a free consultation

Having a trusted guide is invaluable in the murky waters of DUI laws and tests. Summit Defense’s track record speaks for itself. We have successfully represented numerous clients, helping them confidently navigate the intricacies of DUI cases.

Your future, reputation, and peace of mind are at stake. Please don’t leave them to chance. Reach out to Summit Defense today. Our team stands ready to offer guidance, support, and, most importantly, results. Don’t let uncertainty dictate your future.

Contact us today for a free case consultation with our expert Oakland DUI lawyers. Your defense starts with us.

Meet The Team
With over 120 years of cumulative and exclusive Criminal Defense experience, our reputation for aggressive and results oriented performance, whether in State court or Federal Court, has been documented by several Bay Area news channels and vetted by hundreds of satisfied clients. Our success and industry recognition is the result of our EXCLUSIVE FOCUS on criminal defense; we don’t accept personal injury or family law cases. This single-minded focus allows us to keep pace with the ever-changing landscape of legal doctrine and provide you with the best results possible.
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James Reilly
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Successful Case Results in OAKLAND & ALAMEDA

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Our firm focuses exclusively on criminal defense matters.

Client Testimonials

Real People. Real Stories.

Thank you Collin and Rabin for all your tireless work. I can imagine dealing with me was difficult. I am glad I found you.
Best criminal lawyers in Oakland. My case went to trial and I cant imagine where I would be without their help. Jim Riley is a genius and was always clearly the most knowledgeable person in court. Obviously I am very happy with the result.
Nirvesh R.
Can’t speak highly enough of Rabin Nabizadeh. Attentive, calm and very good at his craft. Managed to handle my severe anxiety and, at the end, get the case dismissed on the day of trial. Highly recommend.
Ibrahim J.
About a year into fighting a DUI, my attorney got ill and recommended Rabin Nabizadeh to do the trial.  I had pretty much refused to do any tests and wanted a dismissal in the case.  Mr. Nabizadeh was absolutely relentless and convinced 12 jurors to find me not guilty.  Years later, we are friends on Facebook.
Dan B.
I will never forget the call I got about my son’s arrest for murder.  Having never been through anything like that, I relied on my business lawyer for a referral and he immediately called Mr. Riley.  Within minutes of meeting him, I knew I was in good hands as he was able to provide much needed perspective.  Mr. Riley was able to reduce the bail (was set at one million) and after almost two years, resolve the case with no additional jail and an eventual dismissal.  Collin Moore and the rest of the gang were amazing and always available.
David M.