Unfortunately, the officer's mood is rarely an indication of how the overall process will go. Police officers are specially trained to watch for subtle variables that may indicate when a driver is intoxicated. Even if your officer seems congenial and agreeable, he will have a keen eye open for factors that will give him probable cause to arrest you for driving under the influence. Our Lake of the Ozarks DWI defense attorney is here to help you avoid giving him exactly what he's looking for.
Reasonable Suspicion Of DWI
In order for an officer to pull you over, he has to have have what is legally referred to as "reasonable suspicion" that a crime is being committed. From a DUI perspective, this typically means he has to have seen you committing successive driving errors or traffic violations (even minor ones). For example, he may have noticed you weaving in and out of your lane, rolling through stop signs, or stopping and starting suddenly.
Just because he pulls you over does not mean he has the grounds to make an arrest. In order to make an arrest, he needs to have probable cause. If you aren't careful, however, you could give that to him during what you thought was an innocent, amicable exchange.
Once You've Been Pulled Over
If you've ever been pulled over, you are familiar with the typical exchange that takes place. The officer may either ask if you know why you were pulled over, or he may tell you outright. You'll converse briefly about the reason he pulled you over, and he'll ask you for your license and proof of insurance.
Depending on your conduct during your conversation, the officer may decide to ask you to perform certain field sobriety tests. These tests are designed to help the officer evaluate multiple factors to determine whether or not you may have been drinking. As examples, the officer will be looking for:
- Your ability to focus on a task
- Your ability to follow directions
- Your ability to balance
- Involuntary jerking movements in your eye
Standard field sobriety tests include three specific tasks: smoothly following an object (such as the officer's finger) with your gaze, standing on one leg, and walking heel-to-toe in a straight line, then turning around and walking back.
If you fail any of these tests, the officer may ask you to submit to a breathalyzer test. The officer will use the reading on the breathalyzer test as evidence to confirm suspicions he already has. In some cases, he may wait and not use the breathalyzer until after an arrest as already been made and you are at the police station.
What Should You Do Differently?
First and foremost, the best thing you can do is to never drink and drive. Appoint a designated sober driver, call a cab, stay with a friend, drink at home, and do anything else you can to ensure that you do not get behind the wheel after drinking. This is the only way to absolutely ensure you will not be arrested for drunk driving. We are in no way condoning driving under the influence.
If you are pulled over, it is important to recognize that everything you say and do during your conversation with the officer can be used against you in court. The officer will be required to remind you of this fact (and your other Miranda rights) during an arrest, but he is not required provide this reminder at any time before an arrest.
If you are pulled over under suspicion of DUI, the best thing you can do is to say as little as possible. No matter what the officer tells you, we can assure you that you are not required to say anything. You are also not required to perform field sobriety tests or submit to a breathalyzer test. Speaking unnecessarily or submitting to these tests only gives your officer evidence to use against you later on. This will make it much more challenging to back up your position when the time comes.
Contact Us For DWI Representation
Driving under the influence is a criminal act, and a DUI conviction carries serious legal consequences. If you are facing DWI charges, securing quality representation is essential. Our DWI attorney in Osage Beach MO has the skills you need to ensure your rights are protected at all times. Schedule your free consultation with Gibbons Law Firm by calling 573-348-2211.
No attorney-client relationship is created by the publication of this blog.
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Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
No attorney-client relationship is created by the publication of this blog.
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