Second Guessing Your Choices After a DUI
Second Guessing Your Choices After a DUI
It isn’t unusual for anyone to replay a traffic stop in their minds. It is even more common when that traffic stop results in an arrest. You may be questioning what is going to happen to you if you cooperated and performed all tests requested of you. Here are answers to the questions that may be running through your mind.
1. I drank, but did I really drink enough to be considered drunk?
It comes as a bit of a surprise to people that it is not illegal in most states to drink and drive. What is illegal is to drink to the point of legal intoxication and then operate a motor vehicle. Having a single drink and getting behind the wheel is not against the law. Having so many drinks that your judgment is impaired and your ability to walk, talk, speak, hear, and drive normally is against the law.
2. Will performing the field sobriety test hurt me in court?
Any time an officer requests that you perform a field sobriety test, it is in an effort to gain evidence to use against you in court. That said, you are considered to be impaired when you are unable to perform normal, everyday tasks and functions. The majority of field sobriety tests do not ask you to perform normal tasks. When was the last time you stood on one leg for any length of time?
3. I blew into the machine. Am I going to jail?
The breathalyzer test is used to determine the amount of alcohol in your system. It is not able to judge your level of impairment. The only thing it produces is a number. A competent attorney can fight the results of the breathalyzer test you performed. Performing requested tests such as these does not mean you are going to jail, regardless of the number that was registered.
4. Is my driver’s license suspended forever?
If this is your first DUI arrest, or even your second, it is only in the most extreme cases that you will permanently lose your license. We understand, however, that losing your license for any length of time can present a hardship. Many people do not realize that they have 10 days to request a formal hearing in front of the DMV. You may also be able to apply for a hardship license whether or not you performed a breathalyzer test.
Do not second-guess the decisions you made during your DUI traffic stop. You can’t undo time, but you can fight for your rights going forward. This is when you need the assistance of a proven DUI attorney. Contact our offices as soon as you are able so that we can help ensure that you are treated fairly and that your rights are protected. Call now.