Picture this: You go to a party at the hottest club in town. You have a fun-filled time partying with your friends. You call it a night and decide to go home. What do you do now? Do you get in your car and drive yourself home? Or do you call a cab or take a ride with someone who hasn’t had anything to drink?
If you answered that you would drive yourself home, you might want to rethink that. However, if you have found yourself in a situation where you are charged with a DUI, there are some things you can keep in mind. You should also get in touch with our DUI Lawyers Minot ND at Ward K Johnson, who have experience dealing with such cases, and will take care of all your needs.
You’ve been pulled over for a DUI test. What happens now?
While driving yourself home you are pulled over for questioning by a police officer. Our DUI Law Firm Minot ND will tell you that the first condition to be met here is that the police officer requires probable cause for stopping and questioning you.
What is a probable cause? It could be that you were swerving and driving erratically. While driving in such a manner alone isn’t a violation of the law, it gives probable cause for the police to question you. More often than not, you might be stopped because someone may have anonymously tipped them off that you may be driving under the influence. If during questioning, the police suspect that you are inebriated, they will administer sobriety tests.
What are the sobriety tests used? A common sobriety test is being asked to walk in a straight line. However, it is more likely that you will be asked to fulfill a ‘breathalyzer’ test. A breathalyzer is a device that you blow into and measures the alcohol level in your breath. Sometimes, instead of a breathalyzer, you could request a blood test. But, this might require you to surrender your driver’s license. Your license will also be seized if you refuse to test.
What is the alcohol limit needed to get a DUI?
In the United States of America, you are regarded by the law as legally intoxicated if the alcohol content in your blood measure 0.08 or more. The concentration of alcohol in your blood depends on several factors- your weight, metabolism, rate of consumption, etc. How can you avoid going over the legal alcohol limit? Generally, having only one drink of beer, wine, or a standard-size shot of hard liquor per hour will keep most people under the limit. However, since it also depends on your bodily functions, this may vary for you.
Don’t DIY! How will a DUI Law Firm help you mount a defense?
You mustn’t fight your DUI case on your own. There are several penalties like jail time, fines, loss of your driver’s license, and ignition interlock devices. Our lawyers at Ward K Johnson, a DUI Law Firm Minot ND can help you get the least possible penalties for your case!
There are two important aspects that we look at while mounting a defense:
Probable cause- The probable cause that a police officer has for stopping you while you are driving must be strong. An anonymous tip alone will not suffice, there should be evidence of reckless driving by you as well. Minor driving errors are not probable cause.
Sobriety testing- Sobriety testing must be done only if the police suspect that you are intoxicated during the questioning. If there was no clear indication that you had consumed alcohol but a test was still administered, DUI Lawyers Minot ND can even get your case dismissed.
By paying attention to detail, our lawyers will use their expertise to help you build the best possible defense for your case!
This article is only for informational purposes and is not intended as legal advice. Please consult a DUI Law Firm Minot ND if you are charged with a DUI!