The siren and flashing lights from a police car is the first sign of trouble. Confusion and uncertainty reign supreme. A night out with friends celebrating the holiday season suddenly turns into being pulled over and arrested for DUI.
Several components make up a drunk driving arrest and include:
Vehicle operation
Sleeping off a night of drinking may seem like a good option. Whether the car is running or not, access to the key and ignition in an operational yet non-running vehicle can lead to countless tests that could likely result in going to jail, not your home.
The split second it takes to start a car can lead to a DUI arrest. Your car doesn’t have to be in motion. Whether you intend to stay where you are is not the issue. While legally impaired, your presence in a car is still considered driving under the influence.
Field sobriety testing
Should a law officer suspect drunk driving, you may be asked to take a field sobriety test that includes walking a straight line, balancing on one foot, and reciting the alphabet backward. Impairment by alcohol makes that challenging. But these tests can be considered challenging by anyone – not just individuals who have consumed alcohol.
Blood Alcohol Content (BAC) testing
Undergoing a BAC test that exceeds 0.08% means that you are above and beyond the legal limit. Certain factors, such as gender, age, and weight, can play a role in reaching the limit. Those who have a higher tolerance for alcohol can find themselves feeling sober but are actually legally drunk.
Refusal to submit to a breathalyzer does not make the problem go away. Police officers receive training in detecting signs of intoxication. Regardless, turning down the request could lead to license suspension or revocation.
The fallout from a drunk driving arrest is life-changing, especially if you face license suspension or revocation. Having an experienced criminal defense lawyer at your side is essential to potentially secure the best possible outcome.