How to handle a DUI
How to handle a DUI
If you have been stopped for DUI, you should co-operate with the officer. There is no point in arguing with him. Never attempt to run away from a DUI stop. You will get into more trouble.
Fighting the DUI Charge
To fight the DUI charge, you should know how to deal with the evidence which the police will produce. Generally the evidence will include the results of the field sobriety tests, the breath test and the blood test. Also the officer’s testimony that he observed signs of intoxication in you will also be used as evidence. The key to successfully fighting a DUI charge is knowing how to challenge the evidence against you.
The officer who made the arrest will testify that he noticed signs of intoxication in you. By signs of intoxication he could be referring to physically indications such as reddish eyes, inability to speak properly, severing from one lane to another, etc. Although these are generally considered as signs of intoxication, there could be other reasons why a person may have reddish eyes. He could be suffering from an allergy or some medical condition. It could also be a sign of fatigue. Severing from one lane to another could mean that you were in a hurry and you wanted to move to the faster lane from a slower one.
Field Sobriety Test
After observing you, you will be asked to perform a few field sobriety tests such as standing on one leg or watching a pen like object which the officer will move from left to right. For one, there is no scientific evidence to prove that the results of these tests are accurate and can prove that a person is intoxicated. Aged and people with health problems will fail these tests. If the road is slippery there are chances that the person performing the one legged stand will slip and fall. Also it is the officer who decides who passes and who fails these tests. There are no written guidelines for what is a pass and what is a fail.
The results of the breath test are generally considered very scientific. However you can still challenge the results of the breath tests. The results can be influenced by many factors including the training of the officer who administered the test and the calibration of the equipment.
The timing of the blood test is vital. Generally the blood is drawn while you are at the police station and is taken to a lab. The result will show the blood alcohol content at the time of the test and not at the time you were stopped. To be convicted, your blood alcohol content should be above the legal limit at the time you were stopped and not at the time of the blood test.