Many of the drivers who are in the 40 to 60 age group have a lifetime of driving experience and may not commit the same driving violations that younger drivers are more prone to commit. In fact, it is often the case that drivers in the 40 to 60 age group who are ultimately arrested for DUI offenses are stopped as part of a DUI checkpoint operation. During these operations, all drivers passing through the checkpoint will be quickly evaluated by officers manning the checkpoint for signs of intoxication. If these are observed, the driver will be singled out for further investigation.
While drivers in the 40 to 60 age group may be better drivers than their younger counterparts, these drivers tend to have more difficulty completing the field sobriety testing that is typically part of a DUI investigation. The National Highway Traffic Safety Administration (“NHTSA”) has set forth guidelines regarding the various field sobriety tests that are considered by law enforcement agencies to be an effective tool in determining whether or not a driver is under the influence of drugs or alcohol.
Many of these tests require the test subject to complete a variety of physical activities designed to measure the subject’s agility, balance and ability to remember and follow instructions. For many people, the field sobriety tests are difficult to complete even while sober. External factors such as weather, road conditions and footwear can all affect a driver’s perceived performance on the field sobriety tests.
40 to 60 Age Group May Suffer from Physical ConditionsDrivers in the 40 to 60 age group may suffer from physical conditions that would affect their ability to perform well on the field sobriety tests. If the driver has a preexisting condition that makes it difficult to perform certain physical activities, they may not perform as well on the field sobriety tests as drivers without such conditions. For drivers in this age group, officers and prosecutors may assign greater weight to a perceived failure of a field sobriety test and it may be necessary to rebut this by showing how other outside factors and preexisting conditions may have affected the driver’s performance.
Drivers in the 40 to 60 age group who are charged with DUI may also face other unique issues. If the driver had a relatively low blood alcohol content (close to the 0.08 percent legal limit) and no prior criminal record, a prosecutor or judge may be more willing to consider allowing the defendant to plea to a reduced DUI charge.
However, if the defendant had a high blood alcohol content at the time of driving, there may be an assumption that the defendant is an experienced drinker who has merely avoided detection in the past. In these cases, the Court and prosecutor may seek additional penalties for defendants who are ultimately convicted of a driving under the influence offense.
In addition, if the driver had prior DUI convictions within the previous ten years, these old DUI convictions can be used to enhance the sentence of the current DUI charge. The defendant may be required to a serve substantial jail sentence and complete a longer drug and alcohol education program. Even if a driver’s prior conviction occurred outside of the ten year lookback period, judges and prosecutors will still be aware of the earlier offense and will often require more substantial penalties as a result of the earlier conviction.
If you have been charged with driving under the influence, it is crucial that you speak with a Los Angeles DUI Lawyer right away. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is renowned in the legal community for his skills in the courtroom and knowledge of DUI law.
For more information about DUI offenses for those between the ages of 40 and 60, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.