What happens if I am suspected of DUI?

DUI offenses are quite common, given that almost 3000 people get arrested under suspicion of committing the crime across the U.S every day; also, thousands of people get away with the deed each day. Most of the time, any driver behaving carelessly or recklessly on the road can be suspected of being under the influence of a drug or alcohol. You never know when the time comes when you’ll need to be prepared for DUI allegations, thus it helps to know exactly what to expect. Guilty or not, here’s what happens when a traffic cop suspects you of driving while intoxicated:

1. You are instructed to pull over

The first thing to happen to you after being suspected of DUI is to be chased by a cop until you notice them and stop. If a cop is trying to take over or is signaling you to stop moving, it is in your best interests to obey to this request. Cooperating with the police is your best bet at getting off the hook or being dismissed with a mere warning; the more you resist or retaliate, the worse the consequences. Whether you are at fault or not, pull over to the side and allow the cop to catch up with you. Make the stop even if you are certain that you are doing nothing wrong; you can bring up this defense later on if you are charged for the offense.

2. Observation and Interrogation

Once you have pulled over, the cop will proceed to confirm his/her suspicions by asking questions and judging your appearance. Signs or symptoms like blood shot eyes, slurred speech, dilated pupils, and poor physical coordination suggest that the driver might be drunk. However, such symptoms can be the result of some other underlying health issues as well, which have no impact on sobriety and driving abilities. Sometimes, drivers utter something unintelligible or act strangely due to sheer panic. If you don’t want to appear more suspicious by the minute, maintain composure and respond precisely. A calm demeanor and to-the-point answers will increase your chances of being released quickly, and without penalty.

3. DUI Testing

If the cop is not convinced that you are sober, they may conduct DUI testing to measure your BAC levels. The cop may check your body’s balance, response time, and coordination via field sobriety tests; this typically includes walking in a straight line, standing on one leg, and following the movement of an object with your eyes. If you perform poorly, do not get flustered because this happens with a lot of people despite being sober. Many cops carry a Breathalyzer with them, which often malfunctions due to lack of maintenance and proper calibration. You can refuse a breath test and request a chemical blood test instead, as it is the most accurate measure of alcohol in the bloodstream.  

4. Arrest and detention

If the results of DUI testing show that your BAC is above the threshold level (0.08%), the cop can press charges and make an arrest. You shall be taken into police custody and your driver’s license will be confiscated. Once again, it is necessary to cooperate with the police rather than arguing and resisting the arrest. However, you are not obliged to provide any statement or confession following the arrest. You should exercise your constitutional rights, which entitle you to remain silent and request a lawyer. This is when you should hire Criminal and DUI Defense Attorney in Kansas to represent your case and beat the charges.

5. DMV hearing

Your legal representative shall help arrange for bail and request a DMV hearing to get your driver’s license reinstated. Failure to request a DMV hearing within ten days of the arrest would result in temporary suspension of driver’s license. The DMV officer will not restore your driving privileges in case you fail to demonstrate that you are a responsible driver who deserves them. It is important to have a lawyer by your side, as they are experienced and well-equipped to deal with the proceeding.

6. Arraignment

Arraignment is a preliminary hearing that is not as formal as a criminal court session. At the arraignment, the judge will notify you of the nature and severity of charges against you. You are given the opportunity to defend yourself and challenge the case presented by prosecution. If you are able to prove yourself innocent or provide an argument that renders the prosecutor’s evidence invalid, the charges will be dropped. Otherwise, you may have to appear in a courtroom trial and/or request for a plea deal.