Law enforcement agents in Federal Way and anywhere else in the country cannot just pull you over without reasonable suspicion that you have committed a criminal activity. If you are arrested for driving under the influence, disputing the legality of the DUI stop is one valid defense you can fall back on. If the arrest was not conducted legally, the evidence gathered against you and the case itself can be thrown out altogether. You need help from skilled DUI attorney to prove that the arrest wasn’t done by the book and dismiss the charges against you.
Offenses on the Road
Majority of the people who are charged with a DUI are caught because they committed a different offense while on the road. Most of the time, these are traffic violations such as speeding, making an illegal turn, swerving in and out of lanes, or failing to keep proper distance from another motorist. A busted headlight or turn signal, and not wearing the seatbelt are also reasons enough to be pulled over. If you did not commit any of these offenses, however, you may have a shot at challenging the legality of the arrest made.
DUI Traffic Stop
If a police officer has asked you to stop nonetheless, you should remember that you have you Miranda rights. Don’t say or do anything incriminating, but cooperate as much as you can so you don’t get into trouble.
First, when pulled over, keep your hand on the steering wheel, where the officer can see them. Have your license, registration and proof insurance ready and hand it to the officer once instructed to do so. After that, answer questions carefully and politely. You may be asked to step out of the vehicle to perform physical tests, but you have the right to politely decline.
The Breathalyzer Exam
The breathalyzer is a small device that can determine the driver’s blood alcohol level. If the driver refused to perform physical tests, the officer might see it fit to do a breathalyzer exam. While the results from the breathalyzer are more reliable than field sobriety tests, they are in no way foolproof. A DUI defense attorney from trusted practices like the Law Offices of Kim E. Hunter, PLLC in Federal Way can challenge the results. Some of the defenses include user error, the driver’s health condition, use of hygienic products with some alcohol content (e.g. mouthwash), equipment malfunction, and improper maintenance.
Sources
How To Protect Your Rights During A DUI Traffic Stop, National Motorists Association
How To Beat A DUI, DUIWise
