Visalia Criminal Defense Law Blog

Law enforcement authorities are getting desperate in response to the opioid crisis. As a result, many addicts who have done little more than share their drugs with a relative or friend are ending up facing charges from manslaughter to first-degree murder.

These charges are coming up all over the nation under little-known drug-induced homicide laws. Many of these laws were already on the books, but seldom (if ever) enforced. Others charges are being pressed under new interpretations of laws that were designed to target actual drug dealers and kingpins -- not addicts who simply share their drugs or sell to friends.

You never want to find yourself pulled over to the side of the road by a police officer. This is even more so the case if you have alcohol in your system.

If you're stopped for suspicion of DUI, you need to follow a few key pointers:

• Provide the requested documentation. The officer will start by asking for your license, registration and insurance card. It's nice to have this readily available, so you don't have to search long and hard to find it.
• Be courteous and respectful. There's nothing wrong with this behavior, as long as you stop short of admitting you did something wrong.
• Don't give the officer reason to dive deeper. For example, if you say you only had one drink with dinner, it gives the officer reason to believe you may be under the influence.
• You can refuse to partake in field sobriety tests. Unless you are 100 percent confident that you're sober, you can decline.
• Think before taking a chemical test. If you decline to do so, it can result in an automatic license suspension. However, if there are no test results during your court case, it's more difficult to prove that you were in the wrong.

Breathalyzers aren't 100 percent accurate, so there is a possibility that you can question the results if you've been accused of drunk driving. Breath tests have to be calibrated correctly and given by trained professionals. In addition to this, those giving a breath sample could receive a false positive if they burp or recently had a drink of alcohol that is still present in the mouth's tissues.

Breath tests are a good indicator of whether or not someone has been drinking, but they're not the solid proof they're presented as. Breath tests have the potential to be inaccurate. For instance, a breath test might read .07 percent on the person's first blow but .4 on the second. If the test is off by more than .02 percent when given consecutively, then there is a problem with its calibration and it's likely to be poor evidence that may not be used in court.

When people are caught dealing drugs or using them, the best thing for them isn't always to be sent to prison. In reality, those using drugs often need substance abuse counseling and assistance to get their lives back on track.

This is nothing to be ashamed of; people often make mistakes, and this is just one more than can be corrected with the right help.