You have received a DUI and now you are left with the task of finding a competent attorney. It is important to understand the process of getting a DUI and also set reasonable expectations of getting you the best resolution for your DUI. Not all attorneys out there have the expertise that Rick has when it comes to fighting your DUI.
Understanding the Stop
When an officer suspects a driver of driving while under the influence, the officer might follow the car to see if the driver of the car commits a traffic infraction. That traffic infraction needs be committed while the officer is monitoring the driver. If an infraction is committed, then the officer has a reason to pull the suspected drunk driver over. When the officer approaches the window of the vehicle, there needs to be reasonable suspicion of drunk driving, like an odor of alcohol or drugs, their eyes are glassy or bloodshot, or that the driver’s mannerisms seem impaired.
The Field Sobriety Test
If the officer suspects the drivers of driving while under the influence, the officer will ask the suspected drunk driver to step out of the car and complete a field sobriety test. A field sobriety test is a battery of 3 tests that will be administered by the officer to determine the impairment of the driver and establish probable cause for arrest.
- Test one is the horizontal gaze nystagmus test
The officer will observe the driver’s eyes as the driver follows a slowly moving object, usually this is done with a writing utensil or a small flashlight.
- Test two is the walk and turn test.
This requires the driver to listen, follow instructions, while performing the simple physical movements. The driver will be asked to take nine steps, heel-to-toe along a straight line, and then turn on one foot and return to the starting position walking along the same straight line heel-to-toe.
- The third and final test is the one-leg stand test.
The driver will be asked to stand with one foot approximately six inches off of the ground and then will be directed to count aloud by thousands until the officer directs the driver to place the foot down. The officer will be looking for indicators of impairment, which include swaying while balancing, use of the arms for balance, hopping to help maintain balance, and placing the foot down for balance.
Should you Take the Test
It really is a matter of opinion and if you are suspected of driving while under the influence, the most important thing to do would be to consult an attorney immediately. If you refuse to take the field sobriety test, the officer may ask you to take a portable breath test to measure your blood alcohol content. If you refuse to take the portable breath test, the officer may place you under arrest and you may be taken to jail.
Knowing your Rights
Within a reasonable amount of time, the arresting officer is required to notify you of your right to talk to an attorney. It is important that during this process you consult with an attorney like Rick. Rick can help determine which course of action you should take during your arrest, like whether or not you should blow for the breathalyzer or if you should refuse to take the test.
Give us a Call
If you find yourself in the unfortunate situation of receiving a DUI, please don’t hesitate to give Rick a call. He is an experienced DUI attorney and has been handling DUI cases since 1992.
If you’ve just been pulled over or have received a DUI and would like Rick to represent you - give us a call or send us an email, we’ll get right back to you.
If you have any questions at any time throughout the process you can always call and ask the office - we are more than happy to help.
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With the holidays approaching we have decided to take the next couple months to focus on DUI’s in our blog posts. Come and connect with us on social media. If you use any of the networks below, we’d love to hear from you - come say hi. We are active participants in the local community and share more than just legal information
Image credit: Drunk girl: Girls gone wild? by publik16