DUI Stop Information
During a DUI stop, there are specific procedures that must be adhered to in order to protect the driver’s constitutional rights.
Failure to follow the proper protocol on the officer’s part can lead to case dismissal or reduction of charges. If you have recently been arrested for driving under the influence, you should contact an experienced DUI lawyer regarding DUI stop information.
During the holidays, such as Memorial Day weekend or New Year’s Eve, many law enforcement agencies set up DUI stops to look for impaired drivers and to raise public awareness about the dangers of drinking and driving. Some groups believe that DUI stops prevent alcohol-related accidents; however, some law enforcement agencies dislike the stops because they are unable to make as many arrests as they do with patrolling units.
The National Highway Traffic and Safety Administration has created guidelines that must be followed by law enforcement agencies that wish to set up a DUI stop. For example, the location of the DUI stop must be chosen for a specific reason, such as a high number of DUI accidents in that area. Drivers should be made aware of the upcoming DUI stop, and there must be an obvious police presence.
The law enforcement agency must have established procedures on which vehicles are stopped (i.e., every car, every third car). During the DUI stop, the officer will look for signs of impairment, such as: smell of alcohol, bloodshot eyes, slurred speech, or open alcohol containers in the vehicle. If the officer suspects that the driver is under the influence, he or she may be asked to take a sobriety test.
At one point, drivers could refuse to submit to a breathalyzer test at a DUI stop. Now, however, you may face consequences for refusing a breathalyzer test. This is due to Implied Consent laws. When you got your license, you signed a document that stated you would comply with an officer’s request to take a sobriety test. If you refuse to take the test, your license will be automatically suspended by the DMV.
If you have been arrested and charged with drunk driving after a DUI stop, you should immediately contact an experienced DUI defense lawyer. Your lawyer will examine your DUI stop information to determine whether guidelines were properly followed.
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