There are several “dos” and “don’ts” to follow during a DUI stop and subsequent arrest:
Do be Respectful
When you are pulled over for DUI, it is understandable to be rattled and shaken. However, do your best to stay calm and maintain your composure. The way you conduct yourself at the initial stop could be helpful later on in negotiating a deal with the prosecutor.
Do Provide the Required Information
There are three pieces of information you are required to provide a police officer when you are stopped; your driver’s license, registration, and proof of insurance. Have these documents ready to hand over to the officer when he/she approaches your vehicle. Provide the required information when the officer asks for it, then place both hands on the steering wheel where the officer can see them.
Don’t Answer Additional Questions
After you have provided the officer with the required information, you are under no obligation to answer any further questions. Do not admit to any type of guilt at all. Instead, politely decline to answer the question and let the officer know that you need to speak with your attorney first.
Don’t Submit to a Field Sobriety Test (FST)
Field sobriety tests are those that are conducted at the roadside during a DUI stop. Examples may include walking a straight line, standing on one leg, or following an object with your eyes. Preliminary alcohol screenings (PAS) are another type of FST that help establish your blood alcohol concentration (BAC) at the time you are pulled over. In general, there is no good reason to submit to a field sobriety test unless you are absolutely certain that you are under the legal limit of .08 BAC. Without the results from an FST, there is less evidence that can be used against you to establish probable cause for the arrest and eventually obtain a conviction.
Erroneous WAT and OLS Test Outcomes due to Physical Limitations
A person should be disqualified from being given WAT and OLS tests if they suffer from physical impairment because of a past injury, prior surgery, eating disorders, congenital defects, brain damage, or vertigo. However, there are no such guidelines asking an officer to use common sense in NHTSA manuals.
The HGN test administered on an Auburn, AL resident with prior eye surgery, a glass eye, medication-induced nystagmus, or a chronic eye condition can never yield correct results. The NHTSA training manuals do not offer police officers any guidance on not using the HGN test for subjects who report any type of medical concerns with their eyes. In addition, no “reported” eye conditions will dissuade an Alabama police officer from performing this pre-arrest test.
Various other Medical Issues or Concerns Cause HGN
Some conditions that can make “passing” the field sobriety test impossible are previous head injury, mental disorder, or mental impairment. For instance, an individual with ADD, ADHD, or a similar condition that affects memory will never be able to listen to the complicated instructions and perform WAT or OLS test like a “normal” person.
Do Submit to the Chemical Test after the Arrest
Under Alabama’s “implied consent” law, you are required to submit to a chemical (breath, blood or urine) test if probable cause is found to place you under arrest for DUI. Refusal to take this test can result in an automatic suspension of your driver’s license along with other enhanced penalties. Your refusal may also be used as evidence by the prosecutor to argue to the jury that you are guilty of what you are charged with.
Only an experienced Alabama DUI lawyer can thoroughly evaluate your situation and identify the best ways to shield you from the consequences of a DUI conviction. Our Opelika, Alabama DUI firm will take the time to listen to your concerns, explain the legal issues in your case, and come up with the best plan for resolution.
Our passionate and experienced Opelika DUI attorneys can help you stand up for your rights and will help you work towards the best possible result.
Contact the Opelika, AL experienced DUI attorneys at The Alsobrook Law Group today at (334) 737-3718 or contact us online to discuss your case through a free consultation. We also handle commercial dui cases in Auburn. Remember, your license and driving privileges are on the line, so time is short to take action on your DUI case.
We also handle DUI cases in Auburn.
Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…
The Alsobrook Law Firm is located in Opelika, AL and serves clients in and around Opelika, Loachapoka, Auburn, Salem, Waverly, Cusseta, Smiths, Barbour County, Bullock County, Calhoun County, Chambers County, Clay County, Cleburne County, Coosa County, Dale County, Elmore County, Henry County, Lee County, Macon County, Montgomery County, Pike County, Randolph County, Russell County, Talladega County and Tallapoosa County.
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