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The Police Stop

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

If you are driving under the influence {DUI), then there's a good chance that you'll be stopped by the police. Here are some frequently asked questions you need to know regarding this.

When are you considered ‘impaired' by alcohol or drugs?

You are considered impaired by alcohol or drugs, when there is a sufficient quantity of either or both of these items in your body to prohibit you from behaving, thinking, or driving a vehicle properly. Studies have revealed that the majority of people become impaired a long time before they think they have become stoned or drunk.

If there is approximately 0.08 percent or a higher amount of alcohol in your blood, you are deemed ‘per se' DUI. If you are below twenty-one, then you are considered to be DUI if there is more than 0.01 or 0.02 percent of alcohol in your bloodstream.

How does the police detect whether or not a driver is under the influence?

Generally, police use three methods of finding out whether or not a certain driver is under the influence:

  • Inconsistent Driving: If police officers find you driving erratically, there is a good chance they will ask you to stop. Signs of erratic driving include speeding, failing to pull the car over, swerving, driving extremely slowly, failing to give way, and a few other signs that let him know that you are driving under the influence. If you can convince the officer that you were driving that way due to any other logical reason, he might not investigate further into the matter and will ask you to go. However, he will confirm whether or not you are drunk by smelling alcohol on your breath, or by seeing whether or not your eyes are red and
  • Field Sobriety Test: If you are pulled over by a police officer, there is a good chance that he will ask you to carry out a few field sobriety tests. These tests normally include standing straight on a single leg, speaking a few sentences without slurring them, and walking properly in a line. If you are unsuccessful in these tests, you will be asked to take a chemical alcohol level
  • Chemical Blood Alcohol Level Tests: In this test, a sample of your breath, urine, or blood is tested for the presence of alcohol. In the blood test, the amount of alcohol in your bloodstream is measured. The breath and urine tests use a mathematical formula for finding out the level of alcohol in your blood. If there is more than 0.08 percent of alcohol in your system, you will be considered DUI and will be taken to the

Is it compulsory to undergo a test if asked by a police officer?

You have the right to refuse to take a chemical blood alcohol level exam, but on refuting, you will call upon the ‘implied consent' rule. As a result of this law, your driving license will be suspended for a certain period even if you aren't found guilty in court. In case the case goes to trial, the prosecutor may inform the jury of your rejection to take the test and that might make you look guilty.

Am I allowed to consult a lawyer before taking a chemical exam?

You cannot consult a lawyer before taking a chemical alcohol blood level test as per the laws of California.

What should I do if the police ask me to stop on the roadside?

If you are asked to pull over by a police officer, then you need to try not to panic as this could make the officer doubt you. Switch off the ignition, turn on the inside lights of your automobile, and rest your hands on the car's steering wheel. Take out the documents only when you are asked for them.

Make sure to stay calm during the conversation and don't get into an argument with him.

Moreover, do not admit to a single thing as it could be used against you in the court.

Can a police officer inquire about me before telling me my rights?

If you have just been pulled over by the police, you aren't in police protection officially, so a police officer can inquire about you without informing you of your rights. However, if you are taken into the custody of police, they must inform you of your rights before asking you anything. If they fail to do that, your answers might be precluded against you during your hearing in court.

Is it legal if I am stopped at a barricade, but asked to wait to answer questions?

If you were stopped by the police according to a neutral policy, then it is legal. Police officers have the right to stop any automobile at a barrier if they have a sound reason for doing so, including the doubt that you are DUI.

Should I call for a lawyer when charged with DUI?

If you are charged with DUI, then you can call for a lawyer. An experienced lawyer will examine all the proof provided to him, including the results of the tests performed on you to make sure that your rights are safeguarded. You must speak to a qualified lawyer who knows about DUI laws in the area you live in, so he can guide you better.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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