Submit a Request...Receive the help you need!
We've helped 20 clients find affordable attorneys today.

Click here to know more about membership
  • Members have 24/7 emergency access to their attorneys via Mobile App.
  • Legal consultation for all personal legal matters.
  • You get instant access to your own dedicated law firm.
  • Membership covers you, your spouse/partner, children and dependents.
  • 101 more reasons. Read here
Close

DUI/DWI offenses

Testing DUI/DWI

A driver can be pulled over by a police officer for suspected driving under influence if he has been observed driving erratically, excessively slowly, speeding or not paying heed to road signs and signals. Providing your driver’s license and registration documents to the officer is necessary.

 

 

However, in absence of a lawyer you are not required to answer any questions posed by the officer.

Different Tests

To determine that you were driving under influence the police officer can perform tests on you. Field sobriety tests are done to assess your coordination and instruction following ability.

They are simple, like standing on one leg, walking in a straight line, Rhomberg Balance test, etc. You can refuse taking these tests, but doing this can provide an evidence of drunk driving to the prosecution.

Breath Testing

Breath testing is another way of determining that you were driving under influence. You can refuse taking a breath test, but this will incur penalties on you, since accepting driving privileges automatically implies that you’ve given your consent for them.  A refusal for testing can also invite charges separate from DUI leading to suspension of your driver’s license for a year.

In some states, two types of breathalyzer tests are carried out; Preliminary Breath Tests (PBTs) and Evidential Test Devices (ETDs). PBT is used to determine probable cause, not for proving intoxication. Submitting for a PBT by a driver is not necessary, and the officer must inform you this. You have to submit for an ETD within three hours of getting arrested, else you can be charged with refusal to submit for a breath or blood test.

Blood testing is done if the driver is suspected to be under drug influence.

Testing methods have some drawbacks. An experienced DUI attorney with good knowledge of these tests can defend you. Hence, if you are charged with DUI/DWI charges, it is recommended to consult an expert attorney from the same area of law.

Important: The articles available on uslawyer.us are neither legal advice, nor a replacement for an attorney. The articles are general information and guidance concerning different legal issues. We make sure that these articles prove helpful to you but we do not promise or guarantee that they are suitable to your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, it is strictly suggested to not to rely on the information provided in these articles completely without getting expert legal advice. It is also suggested to consult or hire an attorney in case of any doubt.


Comments (3)

  1. New Hampshire DUI DWI laws - Find right Lawyer at Uslawyer.us

  2. New York DWI DUI laws - Find right Lawyer at Uslawyer.us

  3. Car Accidents and Law - Find right Lawyer at Uslawyer.us