Being Pulled Over for DUI
 |
|---|
Being pulled over for DUI, or driving under the influence, is one of the scariest things that can ever happen to a driver. Due to the risks an impaired driver imposes on others, lawmakers in all 50 states have passed a number of severe DUI laws and tough sentencing guidelines that are designed to deter instances of drinking and driving. As a result, a person who is found guilty of drunk driving can often face harsh penalties, including a license suspension, fine, mandatory alcohol treatment, community service, and even jail time. In light of these consequences, it is imperative to obtain legal counsel immediately in the event that you are arrested for DUI.
Many drivers assume that the mere fact a person is arrested for drunk driving means he or she is obviously guilty of the offense; however, this assumption is far from correct. Before a person can be convicted of any crime, including DUI, the state must prove his or her guilt beyond a reasonable doubt. In order to do this, one of the first things the state’s prosecution team must do is establish “probable cause” for the individual’s arrest.
To meet probable cause requirements, the officer who arrested you must prove two things: first, that he or she had a valid reason for pulling you over; and secondly, that you displayed signs of impairment at the time you were stopped. Under Constitutional protections, the only time a member of law enforcement is legally authorized to stop a vehicle is when the driver violates the law in some way. In other words, you can only be stopped if you are speeding or commit a similar traffic offense—you cannot be pulled over simply for being out late or in a certain area.
Once the officer has justified your initial stop, he or she must then establish new probable cause for suspecting you were under the influence of alcohol. Some of the most common DUI indicators officers look for include slurred speech, the smell of alcohol on your breath, bloodshot eyes, and/or an open container of alcohol. Your interaction with the officer may also be used to support the officer’s suspicion as well.
If the officer is unable to prove his or her suspicions were warranted, any evidence that was obtained during your arrest will be inadmissible in court—which means even your breathalyzer results cannot be used against you.
If you were recently arrested after being pulled over for DUI, it is important to discuss your charges with an experienced attorney immediately. In many cases, a skilled DUI lawyer can create a strong argument that can be used to challenge the charges against you and help you avoid a life-altering drunk driving conviction.
To learn more about the tactics you can use to contest your arrest, submit a free online case evaluation today to find an attorney who specializes in DUI defense.