In most DUI arrest cases, an officer halts a motorist because there were signs of impairment. In general, a stop is lawful, permitting that the officer had a reasonable cause to do so, and genuinely believed the driver was violating law. If police did not have grounds for pulling you over, then this may be used in your defense by your legal team. Those who have been recently arrested for a DUI may benefit from the following insight:
The Officer’s Observations
Traffic detentions often start with an officer inquiring for your license and registration. If during this interaction there are signs of impairment, such as fumbling around, slurring words, or being confused, these will surely be brought up and used against you during your arraignment.
The Officer’s Questioning
During the stop, an officer is likely to ask you if you have recently had a drink. If you respond saying that you’ve had a drink or two with a meal earlier that day, the officer may think you are underestimating what you’ve had and may in fact be intoxicated. If there are other indications that you are potentially drunk, an officer will push to investigate further.
The Officer’s Search of Your Vehicle
If an officer has reason to believe there is something incriminating in your vehicle, they can search it without the presence of a warrant. If there is an item within obvious view, such as drug paraphernalia, the officer may ask you to step out so they can search the car.
The Officer’s Roadside Testing
A police officer who thinks someone may be drunk driving won’t stop until their suspicions have been confirmed or alleviated. As the driver, you may be asked to take a field sobriety test and breathalyzer. The most commonly used field sobriety tests are called walk-and-turn, horizontal gaze nystagmus (HGN), and one-leg stand.
As a Drunk Driving Lawyer, like one from Rispoli & Borneo, P.C., would advise their clients, it’s important to be informed about what to do if you are pulled over by an officer, so that you understand every step and can watch out for your best interests.
