Christian Denmon

What happens when pulled over for a DUI and what To do.



Posted: Tuesday, September 14, 2010

by Christian Denmon
Denmon & Denmon Trial Lawyers

DUI's information Do's and Don'ts

Drunk driving is a serious issue that plagues are major roadways. In Florida, it isn't illegal to drink and drive. After all, there are hundreds of bars in Hillsborough County, and they all have parking lots affixed to them. What is illegal is drink and driving while under the influence of an alcoholic beverage to the extent that one's normal faculties are impaired. Having said that, drunk driving is a serious issue! But, being arrested for a drink or two is an absolutely ridiculous.

The police use various tools in their attempt to determine whether a particular driver is legally impaired. These methods include the use of a Breathalyzer, field sobriety exercises, and looking for signs of being drunk. Typically at night a police officer will see someone driving make a small mistake and pull them over, while during daylight the same mistake would go unnoticed. This is because the police at night are aggressively on the hunt for drunk drivers. Although many actual drunk drivers are taken off the road, many people suffer the consequences of an overly stringent police force. If the police violate your constitutional rights, a DUI Attorney may be able to have the evidence in your case thrown out of court. Police illegalities may also be used by your DUI Attorney to get your DUI reduced to a reckless driving, if not outright dismissed.

The Breathalyzer is used by police forces throughout the nation. This method can be very faulty. The breathalyzer is very influenced by your manner of breathing, temperature outside, and even gender. Women have been shown to have less cell volume in their blood which can cause the machine to show them as being more intoxicated than they really are! Furthermore, this device has been shown to be off by 15 percent as compared to the blood test method. In order to control the outside factors, many cities police now conduct the breathalyzer tests in a control room at the station. Nonetheless, other errors can occur such as outdated sensors or a base reading higher than 0.00.

Law Enforcement agencies have also been using Field Sobriety tests for years now. This test includes a walk and turn test, one leg stand, finger to nose, reciting alphabet front to back, and finger counting. These methods were proven to have an efficacy rated of less than 70 percent. If you are fifty pounds over-weight, older than 65, have medical conditions, or injuries than these methods are entirely inaccurate. Even though this has been shown to be a highly ineffective method it is still used.

Lastly, officers will use general assumptions of what drunk people look like and how they act. These are the signs a police officer looks for:

§ odor of alcohol

§ slurred speech in response to the questioning

§ watery, blood shot, and/or reddish eyes

§ flushed face

§ droopy eyelids

§ difficulty in understanding and responding intelligently to question

§ fumbling for driver's license and registration

§ the plain-view presence of containers of alcoholic beverages in the vehicle.

§ admitting you drank alcoholic beverages

So, typically the arresting officers will look for signs of drunkenness after pulling you over, then issue a field sobriety test, and then bring you to the station for a breathalyzer. Now let's talk about what YOU should do if your found in such a situation, even if you just had a beer and are well in the confines of the legal limit.

1.) DON'T speak to the police officer if you think that it might incriminate you. They ask several questions just to make you slip up, they will even make promises that they cannot keep. Keep quiet unless its basic information.

2.) DO be nice and Cooperative. Law Enforcement officials are our friends, and they are just doing their job. So be friendly to them and treat them with respect, otherwise your giving them a reason to get you in trouble.

3.) HOWEVER, keep the "speaking" to a minimum. A simple "yes sir, no sir" "yes maam ,no maam"will be more helpful to your DUI Attorney than that of rambling speech to the officer which may be mis-construed as drunk mumbling.

4.) REMEMBER, having a lawyer is your RIGHT, so make sure you ask to see your lawyer. Lawyers like those at Denmon & Denmon are on your side when you need it.

5.)You have the rights to take the tests or not to, so ultimately the decisions is your own.

Denmon & Denmon Trial Lawyers give advice on What happens when you are pulled over for suspicion of a DUI, and what you should do. Denmon and Denmon Trial Lawyers serve the Tampa Bay Community. They can be reached at 918 W Kennedy Blvd. , Tampa, FL, 33606 or by visiting their website at http://www.denmonlaw.com . A competent and aggressive lawyer is waiting by the telephone at 1-800-790-5641 or at 813-554-3232.
Christian Denmon is an attorney at Denmon & Denmon Trial Lawyers. He has been named as an "Excellent Attorney" by AVVO.

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