When a law enforcement officer pulls a person over for a possible DUI (driving under the influence) they will be watching that person closely. Specifically, the officer will be observing that person’s behavior and physical actions to determine if that person is under the influence of alcohol and/or drugs.
Here are some common signs a trained officer will look for when they first pull someone over for a possible DUI.
- Difficulty rolling down the window or difficulty exiting the vehicle
- A red colored or flushed face
- Bloodshot, watery, red, or glossy eyes
- Clothing soiled or out of sorts
- An odor of alcohol comes from the car or from the person’s breath
- Slurred speech
- Has a difficult time finding a driver’s license or proof of insurance
- Attempts to hide something in car while an officer approaches
- Cannot answer questions in a timely manner
- Has an inappropriate response to questions
- Lack of knowledge of time or current whereabouts
- Does not or cannot follow directions
- Uses their vehicle for support while standing
- Sways back and forth while standing
- Cannot walk straight or keep balance when walking
- Angry, aggressive or inappropriate attitude
Typically, if a law enforcement officer observes some of these signs, they will continue to investigate that individual for DUI by asking them to take the DUI field sobriety tests. The field sobriety tests are voluntary tests, and the attorneys at David O Defense always advise NOT to take the field tests. The test are difficult and if a person decides to try the tests, they will fail. Even a sober athletic person would have some difficulty passing the tests.
An officer will also ask the individual to blow into a portable breath test to get a reading on their blood alcohol concentration (BAC). This is also a voluntary test. The DUI defense attorneys at David O Defense always advise NOT to take this test as well.
When under investigation for a possible DUI, a person should politely tell the officer that they want to contact their DUI attorney immediately. An experienced DUI attorney will be able to provide guidance through the situation.
If you don’t have a DUI attorney’s phone number programed in your phone, make sure you put David O Defense in your contacts, 206-459-6392. The attorneys at David O Defense are experienced DUI lawyers and are available if you ever need help!
Texas Ranger Pitcher, Jeremy Jeffress, obviously has not read the blog article, “What To Do – When Stopped for a DUI,” because he did not follow the suggested advice provided by the DUI attorneys at David O Defense. In fact, Jeffress made three major mistakes during the DUI investigation.
According to the Dallas Texas police, on August 26th, Jeremy Jeffress was pulled over early in the morning for a traffic violation. When police began their questioning, Jeffress made his first major error. Jeffress started talking too much and confessed to police that he had, “three or four cups of Hennessy cognac mixed with Coca-Cola”. To make matters worse, the female passenger who decided to chime in during the DUI investigation confessed that she and Jeffress were coming from SISU nightclub. Major NO NOs and strike one against Jeffress!
- The DUI attorneys at David O Defense suggest to not engage in small talk, no need to answer questions about where you have been and what you have been doing. If you do answer these questions it often leads to self-incrimination.
The Dallas police continued their DUI investigation and asked the pro athlete to perform the DUI field sobriety tests. Jeffress failed the tests! The police documented that he had poor balance and could not stand on one leg. Strike two!
- Here at David O Defense, our attorneys always suggest not to take the field sobriety tests. The tests are voluntary. They are very difficult and a completely sober person would have trouble passing these tests. Additionally, any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.
Strike three for Jeffress is not asking police to speak with a DUI attorney during the beginning of the DUI investigation. If Jeffress would have asked to speak with an attorney early on, an experienced DUI attorney would have instructed Jeffress not to talk to police and not to take the field sobriety tests.
- David O Defense lawyers always suggest to ask for a DUI attorney, it is your legal right. If you do not have a DUI attorney, ask the officer to call a public defender. Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.
Three strikes and Jeffress is out, BUMMER! The police arrested the pitcher and transported him to a nearby station where he was charged with DUI.
Here are David O Defenses’s 4 key points to remember during a DUI investigation
- Respect – Be respectful to law enforcement.
- Ask – Ask to speak with a DUI attorney.
- Don’t Talk – You cannot talk yourself out of a DUI arrest.
- No DUI Tests – Do not take the voluntary DUI Tests.
Bummer for Olympic swimmer, Michael Phelps, who plead guilty to his September 30th DUI charge. Baltimore Judge Nathan Braverman placed Phelps on 18 month of probation, telling the star athlete that success overcoming alcohol misuse would not come overnight and that if he violated the terms of probation, “… the only option is jail.” That is one year of jail if Phelps slips up again.
Phelps will also be subjected to random drug and alcohol testing by his probation officer and will be required to attend self-help group meetings.
Police reported on September 30th that Phelps was pulled over for speeding at rates of 84 mph in a 45 mph zone. During the DUI investigation, police smelled odors of alcohol coming from Phelps’ car and breath. They noted, “mush-mouthed” speech and observed bloodshot watery eyes. Phelps registered a .14 BAC level, nearly twice the Baltimore legal BAC limit of .08.
The 18 time gold medalist told Judge Braverman, “I now have the tools to move past this. What I did was wrong, and I made a big mistake. I’m looking forward to having a much brighter future than I had in the past.”
As far as Michael Phelps’ swimming career, he is back to intensive training. The 6 month USA Swimming suspension, imposed because of the September DUI arrest, will be lifted in March 2015 allowing Phelps to compete in the final three events on the U.S. Grand Prix schedule.