Call TOLL FREE 24/7
1-888-373-8000
THE LAW OFFICES OF

AARON BORTEL ESQ.

What happens when you get pulled over for a DUI

July 17th, 2008 · 1 Comment

It is widely accepted that driving under the influence of drugs is a dangerous activity that can harm the driver, passengers, or innocent bystanders—hence, the stringent laws and penalties for a DUI in most states. Many people are unaware of their DUI rights, and that is why hiring an experienced DUI lawyer to help handle the case is crucial.

A good DUI lawyer can identify strategies for getting you acquitted or getting your sentence reduced. For instance, an experienced DUI lawyer may call field sobriety tests or chemical tests into question, as both can be unreliable indicators of a person’s state of sobriety. Or, if you are being charged with a first offense DUI, even if you are found guilty, a good DUI lawyer can help the judge and jury see that it was completely out of character for you, and that you are willing to pay society for your punishment via community service or treatment in a rehab facility. This will most likely help reduce the punishment set by the judge.

When you are pulled over for a DUI, the police officers are usually looking for such signs as erratic driving, crossing the center line, weaving, and unusually wide turning radiuses. After stopping the car, they look for additional evidence of intoxication, such as a flushed face, bloodshot eyes, slurred speech, instability, disorientation, or an inappropriate attitude (such as being unusually happy, or being argumentative). You may be asked to participate in coordination tests (for example, the “horizontal gaze nystagmus test” where an officer asks you to follow a penlight with your eyes.

Ostensibly, intoxication can be determined by the point at which the eye begins to jerk, but this test can be called into question by an experienced DUI lawyer. It is recommended that, for a first offense, you should not agree to any such hand/eye coordination tests. Do, however, agree to chemical tests (blood, breath, and urine) if it is your first offense. Also, under California law you may choose which type of chemical test to undergo. Blood tests are the most accurate, followed by breath tests, followed by urine tests.

A DUI lawyer is aware of the legal BAC levels, and can help guide a client based on prior history concerning DUIs and their BAC level. If a client is under the legal drinking age, it is important to handle the case with care because there is a “zero tolerance” rule in California stating that with a BAC of even .01 percent, and under-aged drinker can be charged with a DUI. With drinking and driving is not by any means condoned, it is important to get the best legal advice possible if you are looking to get a minimal penalty.

Tags: Drunk Driving Arrest

1 response so far ↓

  • 1 Chemical Engineering » Blog Archive » What happens when you get pulled over for a DUI // Jul 17, 2008 at 1:38 pm

    […] The Case in Favor of amir. wrote an interesting post today onHere’s a quick excerpt It is widely accepted that driving under the influence of drugs is a dangerous activity that can harm the driver, passengers, or innocent bystanders—hence, the stringent laws and penalties for a DUI in most states. Many people are unaware of their DUI rights, and that is why hiring an experienced DUI lawyer to help handle the case is crucial. A good DUI lawyer can identify strategies for getting you acquitted or getting your sentence reduced. For instance, an experienced DUI lawyer may call f […]

Leave a Comment