123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Things To Know If You Are Stopped For Dui

Profile Picture
By Author: Leonard Simmons
Total Articles: 152
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

As a drunk driving defense attorney will tell you, perhaps the most important thing to remember when stopped on suspicion of a DUI (driving under the influence) is that you have agreed to implied consent when you applied for a driver’s license. Implied consent means you gave implied permission to submit to a test of your blood alcohol level, and it does not require direct, express, or explicit words of agreement. It can be refused, in the moment of the roadside stop, which often results in separate penalties.

So, what does this mean when an officer pulls someone over on suspicion of drunken-driving? Here is an example of the implied consent law, which exists in all states. The Pennsylvania statute reads: “Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating ...
... or in actual physical control of the movement of a motor vehicle ….” – Statute 1547

Refusal to submit to chemical testing, whether by breath, urine or blood will result in the suspension of a driver’s license for 12 months in Pennsylvania. It is the officer’s duty to make drivers aware of the license suspension if the suspect refuses to test. While refusal is a right, many drivers do it because they think they have been caught “red handed”. Bear in mind that test results can be challenged later.

If a driver is charged with a DUI, the attorney will try to have the charge thrown out, or the charge may be fought in court. Your lawyer may advise you to take a plea bargain, if the offer is attractive relative to the circumstances of your arrest. However, if a lawyer can find a significant flaw in the testing protocol executed by the officer, a charge will be nullified. This can be done in a number of ways; one popular method is calling into question the reliability of a breathalyzer device. In the past, many cases have been thrown out due to unreliable technology associated with breath testers. Contact a criminal defense lawyer for more information about a DUI.

Want to learn more about a criminal defense lawyer?

Get more information:
http://www.abazalaw.com

Total Views: 353Word Count: 418See All articles From Author

Add Comment

Legal Articles

1. Solicitors In Birmingham: How To Choose The Right Legal Support
Author: Ranking Core

2. How A Medical Malpractice Lawyer In Washington Can Help After Medical Negligence
Author: Bounnie Miller

3. Sovereign Disputes Vs Commercial Disputes: Why The Arbitrator's Experience Matters
Author: Andy

4. 7 Proven Steps To Secure An Anticipatory Bail Lawyer Delhi And Protect Your Freedom
Author: Pramanika Legal

5. Divorce In Dubai: Common Legal Challenges And How To Handle Them
Author: BR Law Firm

6. Best Advocate Firm In Dwarka: Trusted Legal Guidance With A Human Approach
Author: SBIG Legal

7. Banking Disputes Across Borders: When Should Financial Disputes Go To Arbitration?
Author: Andy

8. Best Divorce Lawyers In Hyderabad – Expert Legal Support For Matrimonial Matters
Author: nagaraju goud

9. Best Family Lawyers In Hyderabad – Trusted Legal Guidance For Family Matters
Author: nagaraju goud

10. One Size Does Not Fit All: Sector Expertise Across Commodity, Shipping And Construction Arbitration
Author: Andy

11. Find An Attorney: What To Consider Before Hiring A Lawyer
Author: Attorney

12. Legal Services London: A Practical Guide To Choosing Legal Help
Author: Ranking Core

13. Detective Agency In Mumbai: Professional And Confidential Investigation Services
Author: Detective Agency India

14. India-europe Connect: Decolonisation And Healing
Author: CGI

15. Struggling With Bank Loan Disputes? Hire An Expert Drt Case Advocate In Chennai
Author: sonu

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: