Legal Question in DUI Law in California

double shifts, and field sobriety tests

Hi,

Is it legal for an officer to conduct a field sobriety test if he is pulling a double shift? ( has been working longer than 10 hrs} I know the law requires a truck driver to log in NO more than 10 consecutive hours,on the road. The reason? his judgement is impaired. Do police have a similar rule?

Thank You

Anna


Asked on 7/30/03, 4:05 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: double shifts, and field sobriety tests

Thank you for your inquiry.

It is not necessarily illegal or even unusual for police, or even other emergency personnel, such as fire and ambulance crews, to work a double shift.

However, as you suggest, it may have impaired the officer's ability to analyze your performance on field sobriety tests or as to objective symptoms of alcohol. Typically this is presented as part of a larger defense against a DUI, and is not by itself dispositive of your case, although it may help.

I hope that this information helps, but if you have further questions you need answered, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

Read more
Answered on 7/30/03, 3:16 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California