When you’re stopped for DUI, there might be a flood of questions that rush into your mind. Are you going to get arrested? Can you get stopped if you weren’t breaking any traffic laws? Did you drink too much before getting behind the wheel? It’s understandable you’ll be flooded with questions, and some of those questions may be impossible to answer right away. Fortunately, you can turn to a DUI lawyer for help. The following are some common questions and answers regarding DUI.
Can I Get Arrested on the Spot?
You can get arrested on the spot when you are stopped on suspicion of DUI. The officer has to have reasonable suspicion to pull you over in the first place, but if it is obvious you have been drinking or are under the influence of drugs, you can get arrested after the officer has pulled you over.
Am I Required to Take a Blood or Urine Test?
When you are stopped for suspicion of DUI, you might be asked to take a blood, urine or breath test. While these may not be required, it could benefit you to take the test. Sometimes your BAC isn’t as high as you might think it is, and it could actually help you out of a DUI charge. If you refuse to take a test, that refusal can be used in some states as evidence that you knew you would test positive, and therefore refused the test.
There are some circumstances in which an officer can force a test upon you, though those cases are quite rare. If you cause a serious accident and the officer suspects you are under the influence of alcohol or drugs, he or she can hold you down to take a blood test. This is because some drugs don’t stay in your system for very long, and if you wait until a judge orders the test, it could be a different outcome, which could alter the case.
Who Files the Charges?
After being arrested for DUI, the district attorney’s office will compile and file charges against you. There’s also a chance you’ll be charged in a civil suit if you caused an accident and someone was injured or killed.
Can I Get a Lawyer?
You are always entitled to a lawyer when you are accused of any crime. If you can’t afford a lawyer, the court may appoint one to you. Do not hesitate to set up a consultation with a criminal justice lawyer, like the ones at May Law, LLP, as soon as possible. The sooner that you begin the process, the more time you will have to build a solid case.