Drinking alcohol has been a pastime for Americans for centuries. Even during the 13-year period in the early 1900s known as Prohibition, people found a way to get access to their beloved beverage. Today, the production, sale, and consumption of alcohol are all legal; however, there are limitations on what you can do while under the influence of alcohol.
Operating a motor vehicle is the prime restriction as a result of the effects alcohol has on your cognitive abilities. The Winter Park Police Department is an aggressive law enforcement agency that prioritizes going after suspected DUI offenders. Those caught driving with a blood alcohol concentration (BAC) level over 0.08% can legally receive a citation for driving under the influence. If you find yourself facing a DUI charge, entrust the Winter Park DUI lawyers at The Umansky Law Firm to provide you with aggressive legal representation.
When you are pulled over as a drunk driving suspect, there is an expected course of action that law enforcement officials pursue. During this process, however, they often violate the rights of drivers as they tend to assume that most drivers are unaware of their rights. The following is likely to ensue during a traffic stop for a DUI.
The initial thing a police officer will do is ask for your license and registration. While doing so, the officer will likely begin to ask you questions like “Where are you headed,” “Do you know why I pulled you over,” and “How much have you had to drink tonight?” The officer does so with intentions of getting you to incriminate yourself. Even saying “I only had a few drinks earlier” is an incriminating statement and reason for them to investigate the matter further.
You are only required to provide your license and registration and submit to the officer’s orders. Disclosing any unnecessary information can hurt your case as it can and most likely will be used against you in the court of law.
The officer may legally request for you to step out of the vehicle if he or she suspects you to be drunk. Common indicators of a drunk driver include slurred speech, open bottles in the car, and erratic driving. A field sobriety test will likely follow, in which you will be instructed to perform a series of actions. The purpose of these tests is to establish probable cause so that the officer can legally arrest you for a DUI. The officer may also ask that you take a breathalyzer test.
Under implied consent laws, you must submit to both requests. Failure to do so can result in jail time and license suspension; however, an officer cannot force you to partake in a field sobriety test. These tests are not only subjective but potentially unstandardized. Examples of unstandardized field sobriety tests include:
The Winter Park DUI lawyers with The Umansky Law Firm can point out unlawful practices by law enforcement to have your charges lessened or even dismissed. If your DUI case goes to trial, we are ready and willing to serve as your legal representation in the court of law. Contact us today for a free case evaluation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
