Pulled Over For A DWI? 3 Dos And Don'ts Of Proper Conduct To Keep In Mind

Driving while intoxicated is a serious offense and places others on the road at risk. Strict drunk driving laws impose hefty penalties for anyone who is convicted of the infraction. To prove the defendant is guilty, they must have a blood-alcohol reading of at least 0.08% or controlled substances in their bloodstream. The blood-alcohol content reading is 0.04% for commercial drivers and 0.02% for any underage drivers.

1. Comply With the Officers

If a driver is pulled over under the suspicion of DWI, they should comply with the officer. First, the officer must have probable cause to pull them over in the first place. For example, the driver committed a non-related moving violation or there was a vehicle defect or violation such as a broken tail light. Officers cannot pull someone over just because they were seen leaving the parking lot of a nightclub or bar.

The person should follow all instructions provided by the officer. This includes showing the officer their driver's license, registration, and proof of insurance. The only way the officers will conduct field sobriety tests is if they smell alcohol on the driver's breath or the driver was weaving or driving recklessly. If they aren't exhibiting signs of intoxication, the officers will not have grounds to test them. Attorneys can help the drivers if they are pulled over for a DWI and need advice.

2. Stay In the Vehicle Unless Told Otherwise

The officer will give the driver orders if they suspect the driver is drunk or under the influence. Unless the officers tell the driver to get out of their vehicle, the driver should remain in the vehicle and should never make any attempts to open their door, as some officers will consider this an aggressive action. If the officer tells the driver to place their hands on the steering wheel, the driver must comply and keep their hands on the wheel until dismissed by the officer. This improves everyone's safer, and officers will not misjudge the driver's intentions.

3. If You are Arrested, Request an Attorney Before Any Testing

All drivers have the right to access their attorney before any chemical testing. Regardless of what correctional officers will try to tell the person, they have Miranda Rights that are read to them when the person is arrested. They do not have to do or say anything without an attorney present.

Any evidence acquired without their attorney present could be thrown out or dismissed from the case. It is appropriate to request an attorney before chemical testing is completed to ensure that the attorney gets a blood sample, too. This gives the attorney a secondary sample to determine if the defendant had any alcohol or controlled substances in their system.

Breathalyzer tests are conducted before the defendant is arrested to determine their blood-alcohol reading. However, in a court of law, the officers must prove that the breathalyzer wasn't defective and presented accurate readings. By getting a blood sample, the attorney could prove that the readings were inaccurate if the test results show no alcohol or controlled substances in the defendant's bloodstream.

Drunk driving laws present license suspensions, fines, and jail time for defendants who are convicted. Implied consent laws allow officers to conduct breathalyzer tests to determine if a driver is intoxicated. An attorney could help the defendant by building a viable defense based on the circumstances of the arrest.