Why would an officer suspect that a person is driving under the influence?
An officer may suspect that a person is driving under the influence if the person displays certain erratic driving behaviors. For example, if a person is swerving into other lanes, ignoring traffic signs, speeding, or driving too slowly, an officer may suspect drunk driving. After an officer stops a person under suspicion of driving under the influence, the officer will examine the person to see if he or she has bloodshot eyes, smells of alcohol, slurs his or her speech, or moves uncontrollably.
Do I have to submit to chemical testing?
No, you do not have to submit to chemical testing. You have the right to refuse to take blood, urine, or breath tests. However, refusal to submit to a blood alcohol concentration test will result in automatic license suspension. In some cases, refusal can be considered acknowledgement of guilt by the court.
Should I submit to a BAC test?
In most cases, you should submit to a BAC test. Refusal to submit to a BAC test can result in automatic license suspension and may be perceived as an acknowledgement of guilt. The result of a BAC test is not a sign of automatic guilt. BAC results are not 100% accurate and your BAC results can be challenged in a court of law.
What if my BAC was below 0.08%?
Even if your BAC test result was below 0.08%, you can still be charged with driving under the influence. If your ability to operate the motor vehicle was impaired by illegal drugs, prescribed medications, or alcohol, you can still be arrested for driving under the influence.
What are the penalties for a DUI conviction?
DUI is a serious crime that involves harsh legal penalties. If you are convicted of DUI, you may be subject to: incarceration, formal probation, monetary fines, driver’s license suspension or restrictions, mandatory treatment programs, car impoundment, and/or installment of ignition devices. Sentences can be enhanced if the driver refused to take the BAC test, had a BAC result of 0.20% or higher, had a minor under age 14 in the vehicle, or had prior DUI convictions.
Contact the Law Office of Robert Tayac for your free case evaluation!
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