Three Questions About Being Accused of a DUI

Are you worried about what will happen if you are accused of a DUI while driving? If so, you'll likely have the following questions.  

Is Probable Cause Necessary to Pull Someone Over for a DUI?

It is true that a police officer needs probable cause in order to pull someone over for any reason. However, the truth is that police officers can use a variety of different reasons to pull you over. They may follow your vehicle out of a bar and then look for any reason to justify a traffic stop. This could be looking for something hanging from your rearview mirror, seeing you veer slightly over the center dividing line for a moment, or even running your license plate to find an issue. 

You will never win an argument with a police officer regarding probable cause when you are pulled over for a traffic stop. Your lawyer will be the one that helps fight the cause of the traffic stop later on. At the moment, you just need to follow the instructions given so that you can safely drive away from the traffic stop. 

Can You Refuse a Field Sobriety Test for a DUI? 

A police officer will likely request that you take a field sobriety test if you are being pulled over for a potential DUI. Know that you have the option to refuse a field sobriety test if you do not want to do it. While this can potentially lead to being arrested, there is not a legal consequence for refusing to take the test. 

For example, you may not feel comfortable with the test that is being administered, potentially due to a physical disability that you have. It's also possible that the test being requested is to be done in a way where you are set up to fail, such as being told to walk a straight line in the dark and on an uneven surface. 

You do have to take a breathalyzer or blood test if requested, but the field sobriety test can be refused. 

What Happens If an Officer Illegally Obtains Evidence?

It's possible that you are put in a situation where an officer illegally obtains evidence to use against you. While there are consequences for refusing a breathalyzer or blood test, it is also illegal to have you do those tests without your consent. If you are forced to take a breathalyzer test during a traffic stop, you could argue that the evidence cannot be used against you because it was obtained illegally. 

For more tips on how to handle a DUI, contact a DUI defense lawyer