DUI Defense Strategies

The DUI Process

Before You See The Red Lights

There are a number of reasons an officer might pull you over on suspicion of DUI charges. Most police officers based their decision on the National Highway Transportation Safety Administration's report of the twenty most common driving behaviors drivers who have been drinking are likely to engage in. These include:

• Using a wide radius to turn
• Driving on the center line or the lane marker closest to you
• The appearance of being drunk
• Nearly hitting a stationary object or another vehicle
• Weaving
• Driving off of the road
• Swerving
• Driving too slowly
• Stopping for no reason while you’re in traffic
• Moving from lane to lane slowly
• Tailgating other vehicles
• Driving over the center lane
• Braking inconsistently
• Driving into oncoming traffic
• Using your turn signal inappropriately
• Stopping for no reason
• Making illegal turns
• Speeding up or slowing down suddenly
• Driving with your headlights off
  

All of these behaviors may signal an officer that there is a problem in the vehicle and that you should be pulled over for a DUI investigation. Some officers add speeding to this list, and many DUI traffic stops begin with drivers who are speeding despite the fact that the National Highway Transportation Safety Administration reports show no correlation between speeding drivers and drinking drivers.

Getting Pulled Over

After you see the initial red lights in the rear view mirror, a number of things may happen. As with most laws, the procedure for the traffic stop varies. In any case, as soon as the officer walked up to your car, his report will probably suggest that had some reason to suspect that you were intoxicated.

On the police report, it usually states that the officer noticed some signs that you had been drinking. According to the law in most states, he has to notice "objective symptoms of intoxication" while he's face to face with you. The most common symptoms are slurred speech, incoherent statements, delayed verbal responses to questions, difficulty with motor skills, the smell of alcohol, short term memory problems, difficulty getting out of the car, fumbling with documentation (like your drivers license and insurance paperwork), inability to control voice volume, bloodshot eyes, and flushed cheeks. While there are lots of innocent reasons to explain these behaviors, most officers will automatically assume that you've been drinking.

The officer will also usually ask you if you have been drinking, and it's essential that you admit to nothing at this point in time. Choosing to say that you had a beer earlier in the day may only get you in additional trouble and prompt further DUI investigation.

Once the officer notices symptoms of intoxication, most states say he has the right to begin further investigation. He may ask you to step out of your vehicle, and in some states, he may ask you to complete a field sobriety test.

For many states, field sobriety testing is the most important way they prove they have the right to bring you in for further testing and make you submit to a blood alcohol content test. If you have medical conditions that may interfere with the results, tell the officer. While you'll probably still be subjected to the testing and even charged with a DUI related offense, it's essential that you get your medical condition in the record of the arrest. Possible field sobriety tests include the following.

Field Sobriety Tests

It's important to remember that field sobriety tests are not legal in all states, and in most other states, they are voluntary tests you can refuse to take. It is also important to remember, though, that refusing to take field sobriety tests likes these puts the officer in an odd position. If you've displayed any other signs of intoxication, he'll have to take you in. In some cases, your "refusal" is grounds enough to continue the investigation with a blood alcohol content test.

In addition to the field sobriety testing, the officer may ask you to blow into a small hand held machine, or a portable breathalyzer. This is usually called a preliminary alcohol screening test or a preliminary breath test. The machine is supposed to offer the officer some idea of what you blood alcohol content might be. Unfortunately, these machines are usually very inaccurate. The preliminary alcohol screening, like the field sobriety tests, is usually a voluntary process. However, refusal of this test in some states spells a charge of resisting arrest or refusing further alcohol testing which can automatically get your license suspended.

The DUI Arrest

When these tests are complete, the officer is almost certain to report that you performed poorly on one or more of the tests. If the officer took a PAS reading, his report may suggest that he thought your blood alcohol level was above the legal limit. If you've refused to take the tests, he'll report that had the opinion that you were too intoxicated to drive, and this opinion requires a more accurate blood alcohol content test in most states.

You will then the arrested and taken to the police station or the hospital for further blood alcohol level tests. The police will call a tow truck for your vehicle, and it will be impounded at the police lot, creating the first of many charges to come for you.

The DUI Test

In some states, you can choose between a blood, breath, or urine test. Other states have only one or two of these methods to choose from. Under nearly every state law, though, you have the right to refuse to take these tests. Refusal, though, is a special circumstance in and of itself. It usually means that you automatically forfeit your license, and it can put you in further hot water in terms of penalties for the charges brought against you.

Many states have an implied consent law, and this means that when you accept your driver's license, you are required to supply your blood, breath, or urine when you are suspected of a DUI offense. Should you refuse to do so, most states will automatically suspend your license for up to one year. Some states even make the act of refusal a crime. This doesn't mean, though, that the DUI action ends there because you refused testing. You can still have criminal charges brought against you. Many state laws suggest that a refusal to submit to a test is an admission of guilt, and as such, it will be used as evidence against your defense during the trial phase of the case. The penalties, should you lose the DUI case, will be heaped on top of your license suspension.

Blood and Urine Tests For DUI

Should you choose a blood or urine test, your results will have to be processed by a lab facility. In some states, this processing can take days. Keep in mind that most states have laws that govern who can conduct a blood or urine test, so the officers have to be very careful about the conditions of the test in order for it to be admissible in a court of law. Should you choose this method of testing, stay aware of your surroundings. Take note of who administers the test, the conditions under which it is administered, and the instructions you are given prior to the test.

The Breathalyzer Test For DUI

Most police stations have a breathalyzer machine in the office. Again, most states have laws regarding the breathalyzer tests, so pay careful attention to everything that happens. The officer is supposed to wait for a period of fifteen minutes to ensure that you do not burp, belch, or throw up. During that time, you're also not supposed to eat or drink anything. After the time period is up, you'll be asked to breathe deeply and blow twice into the machine. The results of breath tests are read immediately after you have blown in the machine. In some states, officers are required to inform you of your breathalyzer results. In other states, though, that is not a requirement.

Should you, for some reason, be unable to complete a breathalyzer test, you may be charged with a DUI offense based on your 'refusal' to comply with the mandated testing. It is important to inform your lawyer of any mitigating circumstances in a case like this. For example, if you have a medical condition that prevents a good reading on a breath test like this one, while the police may not have any sympathy, the court might.

Whether the results come in right away or you have to wait for the lab to process your sample, you will immediately be booked. During the booking process, the officer will record your personal information. He will write a report about your arrest and your alleged violation of the law. He will probably run a background check to see if you've ever been arrested in the past. You will be fingerprinted and a mug shot will be taken to be placed in your file. Your personal property will be taken from you, and finally, you will be placed in a holding cell. Once you are booked, you will have the opportunity to bail yourself out of jail. Most states allow you to post bail at the police station. In some states, though, your release requires a preliminary court appearance. Bail prices are usually based on a predetermined list. By accepting a bail agreement, you consent to attend all criminal court proceedings, and before you leave the station, a court date will be set. If you cannot afford the bail fees, a bail bondsman can help. He will post your fees after you sign an agreement to pay him on his terms. In some cases, bail won't be required. You may be released on your own recognizance. This is merely your promise to the court to return for any and all proceedings. Should you fail to show up, you will be arrested without the possibility of bail.

After you leave, the arresting officer will finish his report and send it to the prosecutor's office for further charges to be filed.

What happens once DUI charges has been filed

You need to defend your self in court once DUI charges has been filed against you. Please see DUI defense strategies for defending yourself in court and what dui process takes place