DUI Investigation

If you were recently arrested for DUI, it’s important that you understand your rights. The first thing you should do is hire an experienced DUI defense attorney to represent you.

During a DUI investigation, police stop you for a traffic violation such as speeding or swerving. While poor driving can be caused by the affects of drugs and/or alcohol, an officer cannot assume that you are DUI simply based on your driving behavior. In other words, a police officer cannot begin a DUI investigation without probable cause. An example of this might be that the officer noticed an open alcohol container in your vehicle or smelled alcohol upon approaching you.

If the officer has probable cause to start a DUI investigation, he or she may ask you questions about whether or not you are under the influence of drugs and/or alcohol. You do not have to answer if you feel that you will make an incriminating statement against yourself. Depending on your answer or your silence, the officer may ask you to perform a field sobriety test.

The three field sobriety tests approved by the National Highway Traffic Safety Administration are the Walk and Turn, One Leg Stand and HGN (Horizontal Gaze Nystagmus). Each of these tests is designed to help officers determine whether or not a person appears to be under the influence of drugs and/or alcohol. Since these tests require walking and balancing exercises, you should tell the officer if you have a medical condition that would interfere with your test results.

Based on your performance during the field sobriety test(s), the officer may then ask you to take a breath test. This portable device can be used right at the roadside to determine if your BAC is .08% or higher. Anyone with this BAC level will be arrested for DUI.

When the officer arrests you, he or she must inform you of your Miranda rights. If you refused to submit to a chemical test (blood, breath or urine), the officer must also read you the Implied Consent Warning.

Immediately following your arrest, make sure you request a phone call, so that you can get in touch with a defense attorney.