If you've been pulled over for drinking and driving, you may wonder what's next.
The sad fact is many know little to nothing about DUI laws, how sobriety tests are given, and the ramifications for failing or passing a test.
And then there's another question: who do you hire to defend you? First, let's go over the basics What is DUI? DUI is driving under the influence.
It can get complicated in different states.
Some states consider a DUI to be a drinking and driving arrest...
others call it a DWI (driving while intoxicated)...
while still others call it an OWI (operating while intoxicated).
These are generally just different terms for one subject.
A drinking and driving charge is always punished, but first you will more than likely be given a sobriety test.
What's a sobriety test? The name can be confusing.
There is no pen and paper out for a sobriety test.
You will usually be tested physically and mentally.
The most common form of "test" tries to assess your agility.
If you can't walk in a straight line, if you can't follow the officers fingers moving across your vision, if you can't stand on one leg, the officer may think you've been drinking.
There are still others, some which even test the mind.
Counting numbers backwards, or counting the alphabet backwards, are other tests sometimes used.
Do you have to take the sobriety tests? No, you do not have to take a field sobriety test.
Officers may make it seem like you must, and sometimes it may clearly prove you are not under the influence.
However, there are no laws that say you cannot refuse a sobriety test.
You can even resist the breathalyzer, but technically you can be punished for that.
Can you ever beat the test? If you have been drinking but are tested under the BAC limit, the officer may test you just to make sure.
Some people, after all, take alcohol differently than others.
There is no perfect way to "beat" a sobriety test unless you are truly able to prove you have not been drinking.
The best defense, in the end, is to never drink before you drive, or know how your body handles alcohol.
Articles giving you ways to beat a sobriety test ignore that you will likely be tested in other ways, and that you can always refuse it.
What happens if you fail? If you fail the BAC test, you will be arrested.
That's what matters.
If you do fail the breathalyzer or refuse it and are charged, you need professional counsel to help you get through this.
That means hiring a professional DUI attorney.
If this is your only DUI charge, it still will be difficult.
The important thing to do is never drink and drive again.