Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « What to Expect During a DUI or DWI Stop
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- A night out, a few drinks, a ride home and being stopped over by a policeman, sounds familiar? It is common for many to have a few drinks and drive, not feeling impaired, and be stopped over by police.
But is it justified to be stopped? First of all, you should understand that a police officer should have a justifiable reason to stop your vehicle. It is not possible for him to pull you over for no apparent reason. Speeding, aggressive driving, failing to use traffic signals and rolling through a stop sign are all obvious traffic infractions that give the police officer reason to stop your car. However, even if you have not broken any obvious traffic laws, a police officer can usually still find an excuse to pull you over.
And once pulled over, although you may not be drunk, you may still become anxious, knowing that you did consume some alcohol. It is important to always keep your registration and proof of insurance in your vehicle and make these documents readily accessible. Make sure you talk politely to the police officer, but do not immediately admit to drinking alcohol. If you immediately, voluntarily admit that you have been drinking, you give the police officer reason to pursue the issue further.
The police officer has the legal right to ask you to step out of your vehicle. Once you step out, you may be asked to perform Field sobriety tests to show your ability to drive. Most states do not require you to participate in field sobriety tests, if you are over the age of 21. Field sobriety tests are often unreliable and they may be difficult to perform even for someone who is not drunk.
The field sobriety tests are mostly taken to justify a test that measures your blood alcohol content (BAC). Although most states do require drivers to submit to a chemical test, but the police officer should have some reasonable amount of suspicion to make you take such a test. You may irritate the policeman if you refuse to participate in field sobriety tests, but the prosecution will have a harder time making a case against you if they can’t use field sobriety tests as evidence.
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