What To Do If You Get Pulled Over For Drunk Driving Offenses
Have you ever wondered what would happen if you got pulled over for drunk driving? If you have been fortunate to never have been pulled over, there are some things that you should know about what happens to you, what penalties you may face, and what you need to know about the legal system and your rights.
First, if you get stopped by an officer on suspicion of drunk driving, the officer needs to have a reason why he is pulling you over. Most of the time, it is for a traffic violation such as swerving, not making a complete stop, or a headlight or taillight out. It does not have to take much for an officer to have the right to pull you over. Once that happens, and if you have been drinking, it could go from a simple traffic violation to an arrest and jail time. If the officer smells alcohol or sees alcohol in your vehicle or on yourself, there is a good chance that he will ask you to step out of the car and conduct field sobriety tests.
The tests that you may have to perform are usually a combination of balance, focus and mental clarity. You may be asked to walk in a straight line, count, recite the alphabet, follow a light with your eyes, and hold a leg up in the air or a variety of other tests that they use to determine whether or not you are intoxicated. If you do poorly on the tests, you will probably be asked to then do a BAC test. You do have the right in most states to refuse to take the Breathalyzer test, but if you do refuse and submit to a BAC test later with an illegal amount of intoxication, you may face tougher fines and penalties.
The legal amount of intoxication varies from state to state, and is usually between .08 -.11. If you have a BAC much higher than the legal limit, in some states you may have to face penalties much worse such as increased jail time, a very high bail, seizure of vehicle, and more fines. This can also be true for those who have previous alcohol related charges on their record. In some states, if you get more than one drunken driving offense in a certain period of time, you will likely be serving time in jail, house arrest and seizure of your vehicle. Not to mention the loss of driving privileges.
States have been becoming a lot more tough on drunken driving offenses over the years. They are hoping that it will prevent more people from driving while they are intoxicated. It is enough to deter a lot of people from taking the chance, but for others, they may feel as though they are not that intoxicated and can chance it. If you do get pulled over by an officer, and there were no traffic violations or reasonable cause to get pulled over, and they asked you to do field sobriety tests, you may be able to hire an attorney and get some of the charges dismissed. You should be aware of the laws regarding drunken driving offenses in your state, so that you know what you must do, and what your rights are.
Because each state sets different penalties and different laws for drunken driving offenses, you will need to check with the state you reside in, and if you travel frequently to a neighboring state, be sure to know the rules of that state as well. You should also know that you do have rights and if you feel that there was not a good enough reason to be pulled over, or if you feel that the situation was not handled according to the law, you do have a right to challenge the case.
If you do end up getting arrested on drunken driving offenses, you likely will be taken to jail and booked. Depending on the level of intoxication, and the number of prior offenses on your record, you may be able to be released, or you may be held until meeting with the judge to set your bail. Bail amounts can vary greatly, and in some cases, people are required to put up collateral with a bail bonds company in order to be released until their court date. If you have any doubts or concerns that perhaps you should not be driving, it is better to not take the chance of getting pulled over for drunken driving offenses. Not only is it illegal, it also comes with a heavy amount of penalties and fines. It is better not to take the chances of causing problems and getting arrested for drunken driving offenses.
Find a Lawyer by State
If you have ever been arrested for a drunk driving offense, or other related alcohol offense, you are probably all too aware of how hefty the fines, fees and penalties are. States are really taking drunk driving seriously, and imposing tougher laws and more penalties. Each state has its own laws regarding drunk driving, and they can vary greatly. There are various degrees of drunken driving penalties, depending upon the situation, the amount of alcohol in the blood and the prior record of the individual. Start by getting a Lawyer / Defense Attorney to handle you case.