Many people are arrested every day in this country for driving under the influence. Most of them are good people who made an unfortunate mistake, but that doesn’t mean they won’t face some serious consequences as a result of their actions. What some don’t realize is that during the traffic stop for a DUI, the police have a long list of procedural steps they must take, and they must do so properly otherwise they risk botching the DUI case.
To begin, the police must have a reason to actually pull you over. Erratic driving behavior and illegal driving maneuvers are very common reasons that a police officer pulls you over under the suspicion of drunk driving. Without a valid reason, though, their traffic stop comes into question.
The police will also request that you perform certain tests, such as a field sobriety test, a breath test or a blood test. The accuracy of these tests can come into question, especially if the device they use to administer a blood or breath test is malfunctioning, improperly used or improperly calibrated. You can also refuse the test, though this rarely helps. It will almost certainly lead to the suspension of your driver’s license.
You also have all the rights that are granted to someone who is accused of committing a crime. This means you have the right to an attorney, and you should consult with an experienced criminal defense attorney as soon as possible to start building your case.
Source: FindLaw, “DUI Traffic Stop FAQs,” Accessed May 12, 2016