Featured News 2019 Police Protocol During a DUI Arrest

Police Protocol During a DUI Arrest

A driver being pulled over by police may know that they are not drunk. However, the officer who is pulling them over has no way of knowing if they are dealing with an intoxicated individual. So, police must administer tests to determine is a driver is sober. When they do this, they must follow a specific set of protocols. If an officer does not follow this important protocol, then it could be brought up for the benefit of the accused person in court.

The Officer’s Composure During Arrest

The police officer must be polite and not forceful when issuing DUI tests. A person has the right to refuse field sobriety tests, and a police officer should not compel someone to complete these exercises if they are disabled, wearing high heels, injured, or dealing with dizziness from another cause. Also, the police must have had a probable cause to stop you in the first place. If you were swerving or driving recklessly, the police officer has the right to flag you. They can also stop someone for another issue, such as expired registration, a broken tail light, running a stop light, aggressive driving, or speeding.

If the arresting officer makes misleading statements or charges or misled a person during the arrest, this should be brought up during court. An officer must have probably cause to make an arrest, and they should always tell those they arrest why they are being detained.

Evidence for a DUI Case

A law enforcement official must have a reason for accusing some of drunk driving. Simply smelling alcohol on someone is not enough of a reason to convict them of drunk driving—someone could smell like alcohol if they were around others who were drinking. Additionally, a person cannot be accused of drunk driving if being tired caused them to swerve on the road and gather attention from a police officer. Driving while tired is not advisable, but it is also not illegal. Instead, a person should only face DUI charges if there is clear evidence provided by a test that they were intoxicated while driving.

Reasons a person may appear to be intoxicated while driving include:

· Fatigue

· Bloodshot eyes from crying

· Medical conditions

Blood Alcohol Tests

If the police decide to issue a blood or alcohol test, a driver should comply with them. Many states have an implied consent law. This type of law requires every person to consent to blood alcohol tests before receiving their license. In some states, officers must follow a procedure before administering a test. For example, in California, officers must observe a suspect for 15 minutes before administering a breath test.

This wait time is meant to ensure that there are no factors introduced to the test that could cause a false reading. If a person notices that an officer was distracted during the moments before a test, this could be brought up in court. If no testing of your blood alcohol content is accomplished by your arresting officer, this fact must be brought up in court.

DUI Charges Require Legal Assistance

Those facing DUI charges should no do so alone—even if it is their first arrest. Having an attorney will help someone keep their license from being suspended for an extended period. An experienced DUI attorney will fight to have your charges reduced or, in the best circumstances, even dropped. To find a DUI attorney who will fight for you, use our directory right now.

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