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: 229Word Count: 418See All articles From Author

Add Comment

Legal Articles

1. Uk Sponsor Licence Guide For Employers (2025 Updated)
Author: The SmartMove2UK

2. Divorce In Singapore: What You Really Need To Know First
Author: Singapore Sole Parent

3. The Importance Of Communication Skills In The Best Criminal Lawyers
Author: glennrroderman

4. Hiring The Right Construction Lawyer Near You: What To Look For
Author: Robert J. Incollingo

5. Seeking Justice After A Dog Attack: Work With A Minnesota Dog Bite Accident Attorney
Author: sussmanlaw

6. How To Effectively Use Australian Immigration Consultancy Services In Hyderabad?
Author: Ankit Sharma

7. The Growing Importance Of Legal Recruitment In Today’s Competitive Market
Author: EMEA Legal

8. When Your Business Is Ready To Expand To The Uk, We Handle The Visas
Author: The SmartMove2UK

9. What Is Intellectual Property And Its Benefits?
Author: Alicia Reno

10. A Complete Guide To Eu Trademark Registration For Businesses Expanding Across Europe
Author: The Trademark Helpline

11. Bringing Your Loved Ones To The Uk: Your Guide To The Skilled Worker Dependant Visa
Author: Conroy Baker

12. How Long Does Llp Registration Take? Timeline Explained
Author: Jishan Khan

13. Starting A Business In Pune? 7 Essential Online Registrations You Shouldn’t Miss!
Author: Startupporta Business Services

14. Top Materials We Use In Our Best Custom Cnc Machining Parts
Author: YuYao QiDi Plastic Mold Factory

15. Why Every Business Needs A Corporate Lawyer In Dubai
Author: Dr. Hassan Elhais

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