Being charged with driving under the influence (DUI) is a serious matter. This sort of criminal offense can affect several areas of your life, from your job and personal relationships to your freedom. Many DUI defendants undoubtedly wish the arrest had never happened. What you do after you are arrested to prevent being convicted of the DUI is what matters the most. Read on and find out more.
Your Initial Contact
DUI arrests can be riddled with issues and some of them take place before you are stopped. Law enforcement must abide by the laws governing reasonable cause when pulling over a driver. You cannot be stopped for no reason at all or else the entire arrest can be illegal. In some cases, a problem with the arrest could result in your charges being dropped.
When a law enforcement officer approaches your vehicle, they are on the alert for signs of impairment. They observe your appearance, your behavior, and odors, and they look for the presence of alcohol or illegal substances in plain view. If they have reason to believe that you are impaired, they can ask you to step out for further evaluation. However, they can only perform a search of your vehicle if they have reasonable cause. The officers must be able to state in their report why they suspected you of DUI.
When the officer asks you to perform roadside sobriety testing, they must also have a good reason for doing so. These tests, in many cases, are not proof of impairment and won't stand up in court. A suspect may have numerous physical and mental issues preventing them from properly performing the tests.
Blood Alcohol Concentration (BAC)
During a stop, law enforcement may administer a breathalyzer test on a subject using a portable testing device. The results, again, may be subject to closer scrutiny. If the subject is arrested because of the field sobriety tests or the breathalyzer results, more testing may be called for at the station. Most police stations have larger, more accurate breathalyzer testing units there. In some cases, suspects provide blood to be tested for the presence of alcohol. Regardless of how the results are obtained, detecting alcohol is a tricky issue and can be challenged by a defense attorney.
Speak to a Criminal Defense Lawyer
You can have your charges dropped and make the arrest go away. Speak to a local DUI lawyer for more information.