Got Arrested For DUI? 3 Questions You May Have Tomorrow
So, you got arrested for driving under the influence. It is the next day and you have tons of questions running through your head and you are overwhelmed. Here are three of the questions that you are probably asking yourself and the answers to them:
1. Was a DUI Crime Really Committed Even Though a Drink or Two Was Consumed?
The important thing to remember is that you can actually drink and drive. Otherwise, bars would not exist, or at least they would not have parking lots, right? The crime is committed when you drink so much that your blood alcohol content (BAC) level is higher than the legal limit (normally 0.08). When this happens, the alcohol impairs your ability to perform normal activities. Normal activities include seeing, hearing, talking, walking, driving, making logical judgments and simply acting of typical physical and mental mind.
2. Was It Okay to Have Performed the Field Sobriety Tasks?
At the time that you were pulled over, the officer probably made you believe that you had no choice other than to perform the tasks that he or she was asking you to do. However, you are allowed to decline. In fact, if you are forced to perform the field sobriety exercises, there is the possibility that the officer violated your rights.
It is important that you understand that you were likely videotaped if you did perform the exercises. As mentioned, drinking impairs your ability to perform normal activities. Generally, during field sobriety exercises, you are not asked to perform normal activities. You aren't typically asked to walk normally or stand normally. Instead, you are asked to walk and stand in an abnormal fashion, such as on one leg. This is why lawyers can often have these exercises thrown out.
3. Was It Okay to Have Performed the Breathalyzer Test?
This isn't a black-and-white question or answer. In all honesty, the answer depends on your individual situation. It is possible to be obviously impaired and have a BAC under .08, while others can have a .08 or higher BAC and not appear impaired at all. Therefore, it is important to realize that the breathalyzer machine is simply a number and offers no real data in terms of an individual's impairment.
In addition, there is the fact of the matter that you must have faith that the breathalyzer machine has been properly calibrated so that it can properly determine the amount of alcohol that is in your blood. It isn't uncommon for these machines to be inaccurate. Plus, there is also the fact that you are likely breathing into the machine hours after you have been drinking and/or driving.
When you have these questions running through your head, you are going to cause yourself to worry more than necessary. This is why it is so important to contact a professional DUI attorney, such as at Knochel Law Offices PC, who can help answer any questions that you have and help fight for your rights, release and (hopefully) dismissal of charges.