Today's News by Jack Nerad for Driving Today

How Officers Make DUI Arrests

Friday, August 27, 2010

What happens in a DUI arrest can hurt you.

Certainly, no one condones drinking and driving: It’s a severe problem that brings death and destruction to our highways every day. Yet maintaining your legal rights is also a time-honored proposition in the United States.

On that score, the answers to questions like “How do officers know you’ve been drinking just by your driving?” and “How should you act during an arrest?” bear repeating. A recent blog post on the DUI Attorney Helper blog network points out the illegal blood alcohol level for drivers is the same in all states (0.08 percent), but what happens before measuring that can be critical.

“If an officer suspects you’ve been drinking, he often notices your driving first,” writes the blogger. “Profiling based on other means -- pulling someone over who appears suspicious or who is a minority -- is illegal.”

Continues the blogger: “If you weave from lane to lane, hit the side of the road, go between one lane and another, stop and start quickly, and especially go through stop signs and red lights, these are red flags to officers. You will likely be pulled over.”  

What are your chances of arrest? If you’re pulled over after your poor driving attracts police attention, you will likely be given a BAC level test, but just because you are pulled over does not mean you are over the designated limit. Most states use the “breathalyzer,” though a blood test is considered most accurate.

If you’ve been arrested for a DUI, you need a lawyer. Your best course during and after the arrest is to follow all laws and say nothing. How the officer acts, if he or she gives you a Miranda, and their explanation on why you were pulled over can be used in court, according to the Attorney Helper blog. In hiring legal counsel, you should look for an experienced lawyer who specializes in DUI law in your state.

Of course, the best course is to never allow yourself to be in a situation where you could be arrested for drinking and driving.

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