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What to do if pulled suspecting a DUI |
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Okay, you have been pulled over by a police officer. The officers have already asked for your license and registration, which you are needed to provide, and begins to make inquiries about your recent alcohol consumption. |
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| Author: Elizth |
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As the Fifth Amendment protects you from self-incrimination, you can refrain from answering any questions that the police officer asks you. This won’t mean that you need not have to tell the officer how many drinks you had. You no need to answer the interrogating questions. If you are scared that you may slur your words will cause your speech to stumble, you have the right to stay completely silent.
Do not get out of your car if not the officer asks you. Field sobriety tests are not the same as chemical testing. In most states, it is not compulsory by law to complete these tests and refusal to obey cannot be held against you. The breathalyzer is a device used by the police to decide your blood alcohol content. The correctness of these tests is suspect. They always will not present correct information about one's level of intoxication. The government has determined that when you obtain a driver's license, it is a privilege that comes with certain obligations. By obtaining a license, you have agreed to submit to chemical testing of your blood, breath, or urine, at the request of a police officer. If you refuse to obey chemical testing, such as the Breathalyzer, you will get automatic vehicle sanctions. Usually your license will be automatically suspended for not complying with chemical testing.
Currently all states, automatically revoke a person’s license if refusing to submit to chemical testing. Some states enacted very harsher penalties- with jail time and revoke registration—for refusal of chemical testing. So you may submit to chemical testing. While there are benefits and drawbacks of chemical testing, breath tests tend to be the least reliable method. Blood tests are the most fair and accurate tests, although these are not always offered to a suspect. If chemical test shows that you have blood alcohol level of 0.08 or greater, it is enough to prove that you are officially intoxicated and you may be under arrest on criminal DUI/DWI/OUI charges. There are circumstances where a lower BAC may draw out a DUI arrest.
As you must submit to chemical testing, these tests are not perfect and do not necessarily mean you will be convicted of a DUI. So if you are charged with a drunken driving crime, it is essential that you speak with a skilled and experienced attorney soon. In some cases a DUI attorney can have the documentation of your chemical testing covered up so that it is not even presented as proof in your case. Your DUI lawyer may be able to explain that your chemical test was not accurate and have the results deemed not allowed in your case. In any of the case, it is wise to have an expert and experienced DUI attorney on your part. To study more on drunk driving and DUI laws in your area, please contact an experienced DUI attorney near you.
About Author
Elizabeth is a expert author for Los Angeles DUI attorney and Riverside DUI attorney. He has written many articles in various topics like California criminal defense attorney, Orange county criminal defense attorney, Orange County DUI attorney .
For more information visit our site http://www.criminaldefenseteamusa.com Contact me at elizabeth.abcd@gmail.com
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