Being pulled over by a police officer is a stressful experience, but it’s one that must be handled carefully. Understanding what may happen during these traffic stops is critical, so you know what to expect.
The first thing that usually happens during a suspected drunk driving stop is the officer talking to you. The officer will try to find out what’s going on, so they may ask you a series of questions. You must provide your identifying information, but you also have the right to remain silent based on your Fifth Amendment rights.
Beyond the initial interview
Police officers may ask you to take a field sobriety test, which is comprised of specific activities that can provide the officer with clues about whether you’re impaired or not. There are only three tests, the one-leg stand, the walk and turn and the horizontal gaze nystagmus that are part of the standardized field sobriety test. Those tests are the only ones that are admissible in court as signs of impairment.
The officer may also ask you to take a chemical test, which is typically done as a preliminary alcohol screening roadside breath test. This test isn’t admissible in court because it’s not considered reliable. Because of this, you may be asked to take a breath test on a stationary device, a urinalysis or a blood test.
Everything that occurs during a traffic stop for the suspicion of drunk driving can impact a criminal case. It’s critical that you understand the options you have for handling the defense strategy. Working with someone familiar with these matters may be beneficial.