Getting pulled over for a DUI can be a very stressful event, especially if you have not been drinking and are fully capable of driving safely. Here are some things to know about what can hurt you if you are pulled over and accused of a DUI.
You Must Have Probable Cause To Be Pulled Over
An officer cannot pull you over and accuse you of driving under the influence if they do not have probable cause. This means that they saw you driving in a way that would indicate that something is not right. You may have swerved oddly when going down the road, hit the brakes suddenly, or did some other type of odd behavior that would justify being pulled over.
Know that you should be fine if you were following the traffic laws and not driving in an odd manner. The lack of probable cause can be a reason that your DUI case is thrown out as well, so your actions on the road before you were pulled over will matter later on.
The Officer Is Always Looking For Evidence
One thing to keep in mind is that the officer that pulls you over is always going to be looking for evidence that they can use against you to give you a DUI. This includes anything that you say and all of your actions. Actions such as fumbling to get your license out of your wallet could be mistaken as the behavior of someone that is under the influence. The same for stumbling as you get out of your vehicle.
Unfortunately, the process of getting arrested and accused of a DUI is a very stressful experience. If you are behaving oddly because you are nervous, this can be a big problem that can lead to getting a DUI.
You Do Not Have To Take The Field Sobriety Test
If you were asked by the officer to take a field sobriety test, know that you do not have to take it. If you have a physical disability that would cause you to fail the test, it is advised to tell the officer that you would not be able to do a physical field sobriety test that involves walking. If you were to happen to fail the test, it can be used against you as part of your DUI. However, not taking the test is not a sign of being guilty. Just remember that you may be asked to do something else instead, such as use a breathalyzer or take a blood test.
Reach out to a DUI lawyer if you feel like you were unfairly given a DUI and need to fight it in court.
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