What Happens if I am Pulled Over for Drunk Driving?
Once you are pulled over under suspicion of drunk driving, an officer
will usually ask you to perform a field sobriety test. This usually
consists of tasks that will allow the officer to observe your level of
physical or cognitive impairment, like walking heel to toe in a straight
line or reciting the alphabet backwards. Refusing to participate in a
field sobriety test is generally fruitless, as the officer will request
that you submit to chemical testing. This may include a breathalyzer
test, which an officer can do on the scene, and blood and urine tests,
which must be performed at a medical facility. You are required to
submit to such testing should an officer ask, and refusal to participate
in chemical testing can result in an immediate suspension of your
driver’s license for six months to a year. Depending on the
circumstances, refusal to submit to the testing can yield a higher
penalty than the drunk driving conviction itself. These “implied
consent” laws rest on the assumption that if you have undertaken the
responsibility of driving a car, then you have given consent to be
tested for your ability to drive that vehicle safely.
The minimum blood alcohol level necessary to be considered “driving under the influence” or “driving while intoxicated” is .08. At that level you are “per se” intoxicated, even if you show no outward signs of impairment. All states also have a “zero tolerance” policy for underage drinking — a person under the legal drinking age found driving a car with any trace of alcohol in his system will be penalized, regardless of evidence of physical impairment. Sentencing for DUI/DWI is largely dependent on an offender’s history of drunk driving and whether or not the offense resulted in an injury to any other person or property. Those convicted of drunk driving may face fines, jail time, license suspension and mandatory participation in an alcohol treatment program. Recently, courts have been increasingly using “certified ignition interlock devices,” which detect whether alcohol is present in the driver’s system each time he or she wants to start the car. The device prevents the car from starting if any alcohol is detected. If you are charged with a DUI/DWI, an experienced attorney that specializes in this type of case can help you navigate the system and ensure that your rights are protected throughout the process.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Contact Amori and Associates, LLC at (570) 421-1406 for a no obligation consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Contact Amori and Associates, LLC at (570) 421-1406 for a no obligation consultation.
513 Sarah Street, Stroudsburg, PA 18360
(570)421-1406-Tel.
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