Posts tagged possible DUI

The Signs an Officer is Looking for when they pull someone over for a Possible DUI

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

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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!

Exercise Your Legal RIGHTS when Stopped for a possible DUI

If you’re being stopped for a possible DUI (driving under the influence) it is super important that you exercise your legal rights! When you exercise your legal rights, you help protect yourself. If you don’t exercise your DUI rights, you will likely make your situation worse.

American Flag used in possible DUI blogExercise Your Legal Rights when Stopped for a possible DUI

  1. Exercise your right to an attorney. You have the right to either a private DUI attorney or a public defender. When being questioned by law enforcement, politely request to speak to your DUI attorney. If the officer doesn’t respond, ask again. The officer must give you the opportunity to contact an attorney, it is your legal right.
  2. Exercise your right to remain silent. A person has the right to remain silent both before and after a DUI arrest. It is very important to minimize talking to only requesting to speak with an attorney and that you would like to remain silent for the reminder of the questioning and arrest. If you don’t exercise your right to remain silent you will likely talk yourself into a conviction and into further legal trouble.
  3. Exercise your right to refuse search of any type of personal belongings, home, or vehicle. You have the right to be free from any unreasonable searches. Do not give the police permission to search your vehicle or personal items. The only exception is when the police reasonably believe you may be carrying a dangerous instrument, they can search for their safety.
  4. Refuse to perform the DUI field sobriety tests. These tests are voluntary tests, meaning you make the decision to take the test or not. You will not be in any legal trouble if you refuse to perform the DUI field sobriety tests. They are very difficult tests and designed for you to fail. Do not take the test.
  5. Refuse to take the DUI portable breath test. The DUI portable breath test is also a voluntary test, do not take the test. If you are arrested for DUI, you will be taken to the police station. While at the station be cooperative and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.

Now that you know some of your legal rights while being investigated for DUI, use them! And remember whenever stopped for a possible DUI ask to speak to your attorney immediately and exercise your right to remain silent!

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

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