Do you know anyone who’s been in a situation where he was pulled over by traffic police under the suspicion of DUI and went under all the tests and then unfortunately didn’t come out clean and had to fulfill all the fines and penalties? When asked later on, they would say that they didn’t know what to do when they were caught for DUI and if they had known, they could have saved themselves from all the trouble. If you want to avoid the entire situation your friend went through, you must know the following things to handle your situation:
BAC (Blood Alcohol Content) Percentage
The foremost thing you should know is the BAC percentage according to your age and region you live in. For instance, in some states it is 0.8 percent for adults who are 21 years of age or older. Similarly, few states have zero tolerance policy for drivers no matter how old they are, whereas some allow 0.2 percent of BAC for individuals who are not even 20 years of age and can drive commercial vehicles too.
Pullover and Suspicion of the Cops
The pullover by an officer in case of DUI normally begins just like in case of any other suspicious driving activity. The individual doesn’t get a hint on why he’s being stopped like that. Many individuals captured for drunk driving are at first pulled over for other driving offenses rather than directly for DUI. Some examples could be speeding, driving off the lane or driving too slowly, over speeding or not following the specific lane rules they are driving in. After you are pulled over, the officer will approach your vehicle and request your driver's license and all the legal documents that are needed to drive a vehicle legally.
The officer will keep observing you and if he finds any hint or even thinks that you are Driving Under the Influence, also known as DUI, you will have to go through some tests on the spot to clear their suspicions. Common hints might include slurred speech, bloodshot eyes, the inability to focus on anything and last but not the least, the smell of alcohol from you or from your car. The officer might be recording all your activities to use against you if you, at some point, deny that you were not driving while under the influence.
Field Sobriety Tests
Field sobriety tests allow the implementation of DUI laws. The officer often uses Standardized Field Sobriety Tests (SFST) if the driver might be drunk or generally incapacitated. These tests enable an officer to observe the driver’s mental ability in order to determine if the driver can drive properly. The officer will also observe their physical capacity, consideration level, and other aspects and use them to decide if the suspect is driving impaired. They also tend to record all these tests and activities to be utilized as confirmation in DUI cases. Such tests, for the most part, have been guaranteed that an officer has reasonable justification to capture somebody for driving under the influence.
Standardized sobriety tests by the National Highway Traffic and Safety Administration (NHTSA) comprise of three basic tests that include: Horizontal Gaze Nystagmus, walk and turn test, and one-leg stand test. These tests prove to be reliable for individuals whose BAC is even 0.1%. Individuals who fail these tests are usually given a Breathalyzer test to see their BAC (blood alcohol content) before they are taken under custody.
Refusal of DUI tests
While getting a driver's license, individuals agree to consent to BAC test, sobriety and chemical tests depending on the laws of the state they are living in. This indicates that refusing to take even one can bring about firm punishments, including the suspension of their driving permit. Some states additionally even consent for "No-Refusal" requirements, which shows that with an appropriate warrant, you can be compelled to take a BAC test. Regardless of whether you decline to take a BAC test, it may not keep you from being charged.
If a driver declines to submit to testing when an officer has sensible doubt that the driver is impaired, the driver’s risk of their license suspension alongside possible further punishments becomes comparatively high. Similarly, outcomes for Breathalyzer refusal vary from state to state, which may clarify the wide change in statewide refusal rates. However, most states force a programmed six years or so driver's permit of endless supply of a BAC test. Suspensions typically rise for a rejecting driver with past DUI history, once in a while including prison time. Permit suspension following a refusal may likewise cause your auto insurance agency to drop your arrangement. In most states, if the driver is liable under DUI, having rejected the Breathalyzer test can bring about elevated punishments as well.
Trial and Punishments
If for any reason the arresting officer decides that there's a reasonable justification to capture you for driving under the influence, you'll likely be bound and taken to the nearby jail or police headquarters. At the point when police capture you for a DUI, they normally take your driver's permit and give you a transitory paper against your driving license. It’s a temporary allowance and it is ordinarily active until the point when the court or department of motor vehicles settles on a choice on whether to suspend your permit or not. At the prison or police headquarters, police will book and refer to you for the offense. You'll ordinarily remain in prison until the point when somebody bails you out or a judge discharges you on your "own recognizance." If you were captured on a Friday, and not ransomed, you may need to spend the weekend in prison. Fortunately, you'll get credit against any future sentence forced for time you've officially spent in prison.
With all this information on what happens if an individual is arrested for a DUI, you may also tend to seek help from a good lawyer or attorney who can help you out of all this mess. Lawyers know better about the state laws than anyone else if you yourself don’t know any better. Don’t forget to seek help if needed!
DUI Defense Attorney in San Diego, CA have dedicated their lives to the craft and stand by your side throughout the entire case, should you have any questions or concerns about the process.
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