You were arrested for a DUI, you’re scared and aren’t sure what to do. The process can be complicated and knowing all of the information is important, not only regarding what your role is, but also the role of the officer and possibly a DUI lawyer. If you find yourself in this situation, these are some things to keep in mind.
Probable Cause
In any case where a driver is being pulled over, the officer must have probable cause to stop, detain and/or arrest a driver. If the officer cannot prove that there was probable cause, then evidence in any future trial can be rejected.
Miranda Rights
It doesn’t matter what the situation is, if the driver states that they are innocent or guilty or whether they have been driving under the influence, if the driver has not been told their Miranda rights, evidence can be rejected.
Express Consent
By law, an officer is required to tell the driver of possible consequences if they refuse to take a breathalyzer test. Also, the office must give the test correctly. In both cases, if it doesn’t happen, then the evidence and all related evidence could be considered inadmissible.
Blood Alcohol Content
There are cases when the breath test was administered, but the information was not accurate. This can happen when there are problems with conversions, inaccurate readings or when the driver had been drinking recently enough where it hasn’t been absorbed into his or her blood yet. The defense can hire its own expert to determine the accuracy of the blood alcohol content.
People can react in unpredictable ways in stressful situations. Maybe one of the most important things to remember is that remaining silent can help in situations where you don’t understand what is going on. As well as cooperating with the officer on hand. Refusing to follow the officer’s directions can only make things worse. When you need someone who is knowledgeable of the process and requirements, call the DUI attorneys at Murphy & Price, we can help you through any difficult situation.
