Have you or someone you know ever been pulled over for driving under the influence for a DUI check? If you have, there are some key things to consider. Being pulled over by an officer can sometimes be a nerve-racking experience.
When a law enforcement officer suspects a person has been drinking and driving, the officer will look for reasons to justify their actions and put you in jail.
Being cooperative and polite with an officer is always the best thing you can do. An officer's request to see your driver's license, vehicle registration, as well as ask you some questions are all common routine procedures. However, sometimes you may go overboard trying to convince an officer that they should not arrest you, or that you have not been drinking too much. Taking this approach rarely works out to your benefit. Experienced DUI attorneys recommend that you refrain from pleading your case to an officer or answering any questions that can be use against you if arrested for a DUI.
Field Sobriety Tests
Below are some factors that police officers may use to determine if to charge you with a DUI:
- Driving ability – An officer may use visible signs to investigate for intoxication based on your driving; such as, a vehicle speeding, weaving on the road, and driving through a red lights etc.
- Speech Pattern – Sometimes a person's speech pattern can raise a red flag to an officer. The most common indicator is slurred speech. However, the way a person speaks is not always solid evidence of a DUI charge.
- Smell of Alcohol – Most alcohol odors has a very distinct smell. The smell of alcohol is usually one of the first few things an officer may notice when determining if you have been under the influence.
- Failed Field Sobriety Test – One of the most common field sobriety tests that you may have seen before is when an officer says to touch the tip of your nose with your finger, recite the alphabet, or even walk heel to heel in a straight line without wobbling. Officers use these tests to find any evidence to justify a reason of your intoxication. However, some factors can affect these results such as nervousness, weather conditions, and/or if you have any physical conditions.
- Verbal Statements – Making various statements whether your intentions are good or bad can and will be used against you. It is possible for an officer to misinterpreted your statements and use what you say to re-re-enforce a case against you.
- Failed Breathalyzer/Blood Test – Typically, a breathalyzer or blood test is used by state and law enforcement as a key point of evidence for your guilt that you were under the influence. It is your right to refuse to take part in a breathalyzer or blood test, but in most states, doing so can result in your license being suspended for one year.
The Fifth Amendment protects your right to remain silent. An experienced DUI attorney would suggest that using your legal right to remain silent and not self-incriminate yourself is a smart move. Keep in mind that you should always let an officer know that you are more than willing to cooperate while maintaining your legal right. Read more here
Have you or someone you know been charged with a DUI felony or misdemeanor? Contact an experienced and knowledgeable DUI attorney to help protect your rights today!
