It is well known that driving under the influence (DUI) is a crime. Being arrested under DUI can be challenging and leave you confused about what to do ahead. While some may make the mistake of driving under the influence, in some cases, you may be arrested due to the police’s shoddy work.
If you or your loved ones are arrested for a DUI, contact a criminal attorney in Rochester, NY, to eliminate the hassle. An attorney can also help you in either erasing your charges or reducing the severity of your penalties.
Each case is unique. However, below are a few things you should know about DUI.
The traffic stop or pullover:
The police may ask you to pull over if they suspect you are violating traffic laws or notice signs of impairment. It is essential to understand that the cops have a legal right to stop your vehicle as long they have a valid reason. However, if they ask you to pull over without a cause, you can bring this up in the court and raise a motion to suppress, resulting in the case being thrown out.
Police observation and questioning:
The police will ask you for your license and registration number. Additionally, the officers take note of everything you do, including the signs of impairment visible. For instance, they will make a note of the smell of alcohol, or marijuana, fumbling, and more. These notes will be used against you for your case.
Next, the officers are likely to ask you if you have consumed alcohol. Since most people respond with “just one or two with my dinner/lunch,” the office will further investigate to see if you have drunk over the limit, especially if they can notice the signs of you being drunk or under the influence of other drugs.
Sobriety tests:
To take the investigation further, the cops will demand a field sobriety test and a breathalyzer test on the road. The breathalyzer is often not accurate, but it helps the cops to get an estimation of your consumption level. Depending on these tests, you may be arrested by the cops.
Remember, you have the right to deny the field of sobriety tests in various states, and the cops will not use it against you. However, the police can arrest you with or without the tests if they suspect you of DUI.
The arrest:
The cops will cuff you and take you to jail if there is probable cause for the arrest. Your license will be taken away, and you will likely get a temporary paper driving permit unless the court decides on the final decision. Note that anything you say will be used against you in court. Therefore, practice your right to remain silent and contact a criminal lawyer who can take your case further and provide an effective defense.
