Tempe DUI Lawyer www.dui-lawyer-az.com
Have you ever been accused of a DUI? How do you know if your situation is typical? Did the officers who stopped you act appropriately? A DUI arrest usually occurs like this.
It’s likely that you were driving your vehicle when you were stopped by law enforcement officers. This could have been for obvious signs of impairment, such as swerving or other irregular driving, or some other violation of the law. It doesn’t matter what the original cause was. If the officers had probable cause to believe you were either violating a law or were under the influence of alcohol another substance, they have the right to pull you over. To protect yourself with Tempe DUI Attorney www.dui-lawyer-AZ.com should be your first call.
If the officers had no probable cause to pull you over and if your case goes to trial, you can bring a motion to suppress. This may result in the entire case being thrown out.
After being pulled over, you should have been asked to turn over your license and registration. If you seriously mishandled your efforts to get your documents, or there was any evidence of alcohol or drug use, you were asked to step out of the car. Typically this means smells on your breath or, in the case of marijuana, the smoke. If these actions or circumstances occurred, every move you made was carefully observed for possible evidence of impairment and recorded for use against you. These observations will be on the police report. You will see that for the first time at your arraignment in court.
Once out of the car or possibly while you were still in the vehicle, you were asked if you had drank recently, or similar questions if marijuana or any other drug was concerned. If you were like most people who had been drinking, you likely said something similar to you only had a couple of drinks of wine with dinner. Don’t. Law enforcement officers have heard that many, many times. That type of comment is probable cause for them to continue questioning you. Even worse, if your case does go to trial and you then truthfully testify that you had four or five beers instead of the original two that you related, the prosecution will attack you for having lied to the officer.
If drug use is suspected, or the officers suspect that drugs might be in your car, they have the right to search your car without obtaining a warrant. The search may include any area of the vehicle, like the trunk, the glove box, and even closed containers. They will usually ask if you will consent to a search. If you say yes, you cannot challenge the search at a later time. If you communicate that you do not consent and they proceed to search without a warrant, you can sometimes get the results of the search suppressed on the ground that the officers lacked probable cause.
As a reputable Tempe DUI attorney www.dui-lawyer-AZ.com stands above the rest. Give them a call if find you in a tough situation.