Driving under the influence of alcohol or controlled substances is one of the most severe types of vehicle violations resulting due to the number of accident related fatalities which occur from operation a moving vehicle under impaired conditions. So what happens when you get pulled over while you have been driving under the influence?
Police DUI Field Test
If you are pulled over by a police officer and they have reason to suspect that you may be under the influence of drugs or alcohol, a preliminary field test is conducted to determine if an individual is capable of operating their moving vehicle. Initially a law enforcement agent will conduct a “field sobriety test” which consists of testing coordination and possible impairment effects on the driver. This will typically require tests of balance, such as “walking the line”, standing on one foot or walking and turning. Secondly the driver’s comprehension ability is tested through simple tests of following directions. These can range from repeating one’s alphabet using a range the officer selects to ensure simple repetition cannot prevail. Finally the vision ability of the driver may be tested to determine if they are capable enough to respond to changes in light effectively and avoid distraction from vision blurriness.
After the initial field sobriety test has been conducted it the officer will in most cases require the driver to submit to a breathalyzer test. This consists of having a person breathe deeply into a device which calculates a person’s blood alcohol content or BAC. If a person is over 0.05% they will be arrested for a DUI.
Can I still get arrested if I’m under 0.05%?
Yes. The 0.05% is a threshold limit meaning that any breathalyzer over this amount results in an immediate arrest. Despite this, if an individual fails the preliminary field test and passes the breathalyzer they can still be arrested for driving impaired. Since alcohol can affect people of different body types and tolerances differently it is still possible to be legally impaired below the legal limit. In addition, any motorists under the age of 21 are unable to have any percentage of BAC while operating a motor vehicle.
What is the legal limit?
The legal blood alcohol content limit in most states is %0.08 which had been severely reduced since the 1980’s during a push for stricter drinking and driving laws. Prior to the 80s the limit was between 0.10% and 0.15% however due to the number of fatalities this had to be regulated more heavily. For commercial drivers the limit is much lower at 0.04% in most states. In Utah it is 0.05%.
Can I refuse a breathalyzer?
Yes it is always possible to refuse submission of a breathalyzer test, however this is generally not a very good idea. Refusing this test is considered failure to comply with a law enforcement agent which will result in the driver’s detention pending a further investigation. The motorist will be taken to the police station and booked followed by a blood test to determine what their blood alcohol content is. Although refusal to submit to a breathalyzer test is possible this should be avoided at all costs because it tends to still end in an arrest and a judge will have less sympathy for a defendant that fails to comply with law enforcement agents.
Can you post bail for a DUI?
Yes, DUI arrests are typically allowed to post bail after their booking however they will usually have to spend the night in sobriety holding. When posting a bail bond for DUI arrests it can be done directly to the courts for the full amount of the bail set which will typically be refunded after the trial’s conclusion, or it can be processed through a bondsman which would result in a lower expense paid by the defendant however no refund will be provided with the lower bond amount.
Nowadays, there is a lot of news about celebrities being busted for a DUI case. For this, they turn to the expertise of a Utah DUI Attorney to help them get out of the case. But what really happens when you get caught driving under the influence? How can a Utah DUI Lawyer help you get out of the case especially if it was only your first offense?
DUI or driving under the influence has been one of the serious offenses that a lot of top celebrities face. Since they can get arrested for this offense, you can be sure that it can also happen to you! This is why you have to avoid drunk driving as you can endanger the lives of other people as much as putting your own safety to risk. When you are caught, that is another story.
Throughout the United States, the penalties and requirements for those caught drunk driving vary among each state. But due to the endless efforts of various advocacy groups, all 50 states have been able to pass a law that is intended to penalize those caught for drunk driving as well as give them a corresponding consequence for their actions.
The first thing that happens when you are caught drunk driving, you will be facing court. The saying ‘you are innocent until proven guilty’ is being observed and that is why you are entitled to court proceedings. When you have been convicted of a DUI offense, it may be due to the tests that were performed on you. These tests include the breath test and a blood test which shows a.08 blood alcohol content level. Even if you did not look like you were drunk or even slurred with your words, the fact that these tests proved you failed the test means you have been driving under the influence. For this, you will be found guilty and convicted.
After being convicted for the offense, you will be fined and tasked to pay court costs. In addition, your driver’s license will be revoked for a certain time period. These costs, fines and duration of suspension will vary according to the state where the offense has been committed. There are also some states that have been able to pass a law that require jail time, even if you are a first DUI offender. On the other hand, there are some states that will put you on probation and require you to do community service.
This is where the DUI Attorney comes in. He will take your case and present it to the court so you can avoid jail. Despite the fact that you have been convicted of the DUI offense, your DUI Attorney will do his best to lower your felony so you can be able to avoid going to jail. This is especially helpful if you are a busy person and could not afford to spend a day in prison. Even with your driver’s license suspended, a DUI Attorney will do his best to help you out of the offense you have put yourself in.
By now, everyone is already aware of the importance of a good Utah DUI Attorney. This is because a Utah DUI Lawyer will be able to help you with your case once you are caught driving under the influence. When this happens to you, it is important that you choose a good professional as the success of your case will depend on his expertise. Although he might not be able to free you of the conviction, he might be able to lower your penalty. But before seeking legal help, the first thing that happens is the arrest. During which, there are a series of tests that will be conducted on you. It is important that you know how this arrest will happen so that you are able to determine if you have been mistreated by the police officers.
Before you are arrested, there are a series of processes which police officers will do to you. The first is that they will pull you over while you are driving your car. When you have been stopped, it is important that you know what to do.
• Present your documents such as your Registration, Insurance and License cards. You have to do this without fumbling as this is one of the characteristics that police officers notice in drunk drivers.
• When you are asked questions, make sure that you do not answer them in a smart ass manner. If possible, you can answer that you have been advised by your legal counsel to refrain from answering such questions.
• Once they ask you to take the field sobriety test, it is your right to choose whether or not you want to take it. This is because the result of this test lies on the arresting officer’s opinion on whether you have passed it or not. Although you will go to jail for not taking the test, you are minimizing the amount of evidence the cops have against you.
• Another test that you should not take is the Preliminary Alcohol Screener or the Breathalyzer. This is because this handheld equipment cannot be thoroughly depended on. You do not need to take this test if you are over 21 years old because it can be used against your case.
• Instead of the breath test, take the blood test. This is because the Blood Alcohol Content level is more reliable than the breath test. As a result, you will be able to beat the charges presented to you on trial or at the DMV.
• If you have some companions with you in the car, you can have them as your witnesses. Tell your friends to observe your behavior as well as to remember the words said by the officer. This is so you can rebut his statements in court.
• When you are allowed to make a phone call in the police station, you can call a friend and tell him what has happened to you. However, you have to be careful that you are not slurring or having difficulty with your words as this will let the police officers know that you are sober. If you have been allowed another phone call, you can leave a voicemail message on your own phone which you can play back at a DMV hearing.
As always, it is best that you get the help of a legal professional to help present your case to court. He will help you with your arrest and do his best to lower the sanction.
DUI Lawyer in Utah Free Consultation
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506