Featured News 2013 FAQ About DUI Traffic Stops

FAQ About DUI Traffic Stops

If you consume alcohol either on a regular basis, or just once every so often, there is a possibility that you may be pulled over or checked by an officer for driving under the influence. Even if your blood alcohol content levels are not up, and they smell alcohol on your breath, you may be looking at least taking field sobriety tests. Either way, if there is a DUI check point and you get questioned, it is important to know the basics of what these stops entail. Here are a few frequently asked questions that people often have. In the even you have been arrested for drunk driving, do not hesitate in contacting a criminal defense lawyer in your area for legal assistance.

One of the most common questions regarding DUI traffic stops is simply what the legal blood alcohol limit is. And while these may vary from state to state, especially when it comes to minors drinking (as there may be a zero tolerance policy) or for those driving for their profession, most states hold that 0.08 percent is the limit BAC. Despite there being a legal drinking limit, the law states that it is illegal for a person to get behind the wheel of a car when they are impaired, which means incapable of acting normal. Whether this means they are unable to see properly, or it is an emotional or mental state caused by the alcohol or drugs, if a person were to be driving in this state, there is a possibility that the officers may still seek to arrest you. Addressing the topic of drinking and driving for minors, if the state does not have a “zero tolerance policy” which means that not even a hint of alcohol (even if the driver isn’t impaired), there are other states that will have a 0.01 or 0.02 percent limit instead.

Another common question regarding DUI traffic stops is in regards to the different methods officers will use in order to see if a driver is intoxicated. The most obvious method of tracking down a drunk driver is to see if they are driving erratically or not. This would include speeding, making traffic violations, swerving, and even driving too slowly. If the officer has a reason (or probable cause) for your being under the influence, they may pull you over for questioning. At this point, the officer who pulled you over will seek to determine whether or not you’re under the influence of drugs or alcohol by having you perform field sobriety tests at the scene. This may include walking in a straight line, following your finger to your nose, balance tests and even speech tests. Another common sign of being under the influence is seen by your pupil’s dilation. Once the officer concludes that you have failed any of the above mentioned tests, they will then ask for you to take a chemical test to determine the actual BAC levels.

Once you take a chemical test, if the officer finds that you are above the legal BAC level, you may be arrested for driving under the influence of drugs or alcohol. They will ask you to either take a breath, urine or blood sample in order to find out the chemical results. Not all hope is lost, even if you are above the legal limit, by hiring a trusted DUI defense lawyer, you may be able to challenge the charges placed against you, and that includes challenging the evidence of the incident. Contact a lawyer today for more information on fighting your case and to answer any questions you may have.

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