If you have been arrested for drunk driving or any other OWI related charge, you need to hire a Grand Rapids Criminal Defense Lawyer as soon as possible to represent you and to help you get the best results possible. If you have any questions regarding DUI traffic stops, please feel free to give Shawn a call today at 616-438-6719.
If you have had a hard week at work you may decide you want to go out and blow off some steam with some friends at the bar. You have done this numerous times and you are confident you can drive home this time without getting arrested.
Sadly, this time is not like the other times you have drove home under the influence. A deer runs out in front of you and you desperately try to avoid hitting the animal right in front of your vehicle. While you miss hitting the deer, you end up putting your car in the ditch and are not able to get it out. You soon see the red lights of a police car show and up the officer soon lets you know that he believes you have had too much to drunk.
DUI Traffic Stop Basics
The Reason You Got Pulled Over
Early on in a stop, the law enforcement officer will approach your window and start a conversation with you. The police officer will have to reveal the reason why he is trying to talk to you. In our case, the fact that your vehicle ended up in the ditch is the reason the officer is talking to you. A police officer is not allowed to pull you over unless you have committed a traffic infraction, such as speeding.
Field Sobriety Testing
If the officer can smell alcohol on your breath or has other reasons to believe you might be drunk you will be asked to take field sobriety tests. These tests are designed to measure your agility, ability to follow directions and your balance. If you do great in most of the tests, but fail one, it is probably not enough for the officer to arrest you. If you happen to fail all the tests, you will most certainly be arrested for drunk driving. In fact, only failing one test seems to be all it takes for the officer to arrest a person if they admit to drinking .
Taking a Breathalyzer Test
After you have taken the field sobriety tests, you will be asked to take a breathalyzer tests. If you refuse, you will be hit with a civil infraction. You will not lose your driver’s license over failing to take the PBT test on the side of the road. If you refuse to take a breath test at jail or a blood test at the hospital, you license in Michigan will be suspended for one full year! If the officer determines based on the results of these tests you are driving over the limit, you will be arrested them for operating while under the influence of alcohol.
Call Shawn right away at 616-438-6719 if you are arrested and facing criminal charge. The call is free! Will you be?