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
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!