Was I Arrested Legally for DUI?

 

DUI is a serious offense and one that is vigorously prosecuted throughout the United States. If you have been arrested for DUI you may have questions about how the procedure was performed and whether the proper process was used in arresting you. Most DUI arrests are made as the result of a routine traffic stop. In many cases the police officer has observed you doing something that may make him question your sobriety. You may be pulled over for speeding, failing to stop at a stop sign, or for some other minor driving infraction. Once pulled over, the officer may determine that you may be driving while intoxicated and may decide to proceed with testing.

Field Sobriety Tests

You may not be happy with having been asked to perform field sobriety tests. These are simple tests that are done at the scene of the traffic stop. The purpose of the tests is to assist the officer in determining whether you are intoxicated. These tests are not foolproof and are rather subjective. Yet, they are commonly used to make an initial determination of impairment. Some of the field sobriety tests that may be used include:

• Following your eye movements with a light
• Standing on one leg
• Walking a straight line
• Reciting the alphabet

 

The police officer will also use simple observation techniques such as sight and smell to decide whether you may be intoxicated. Once the officer has a reasonable suspicion that you have been drinking he will administer additional testing. This testing will determine your BAC, blood alcohol content. In Florida, the legal BAC limit is 0.08%.

Blood, Urine, and Breath Tests for DUI

If the police officer has reason to believe that you are intoxicated he may ask you to submit to testing. The most common test that is completed is the breathalyzer test. This is the test that is done by blowing into a small unit for a specific length of time. The unit will provide a reading of your blood alcohol content (BAC).  In Florida, you are required to submit to this testing if requested by law enforcement. This is called implied consent – when you get your driver’s license you accept the terms and conditions that include consenting to testing if requested. Failure to submit to testing can result in additional charges and suspension of your driver’s license for a period of time. It is important to note that testing may not always be done properly and the results may be improperly analyzed. An experienced DUI attorney knows how to review these results and may be able to show that the tests were not correct.

Defending DUI Charges

Many things can happen during the course of an arrest. Generally speaking, most of the time minor problems with an arrest will not matter to the outcome of the case. However, everything that happens from the time you are stopped until the time you are put under arrest and beyond is important information that can be used in your defense strategy. Sometimes a mistake occurs that does have an impact on your case. This is why it is essential that you hire a lawyer who focuses on handling DUI cases. Your attorney will review all aspects of your case to determine the best defense.  The lawyer will represent you throughout your case and may even be able to help get the charges against you lowered or the bail eliminated.