Smelling like Alcohol and DUI Suspicion

When pulled over by law enforcement, a number of dui signs are looked for by officers in order to conduct a further field dui investigation.  Smelling like alcohol is one major indicator of a potential driver under the influence, and therefore, law enforcement does have the authority to being a dui investigation at the scene. Commonly, an officer will look for dui signs when administering a field test, such as a horizontal gaze nystagmus, one leg stand, or heel to toe walk.  If a suspect fails any of these tests, they are then under arrest for suspicion of driving under the influence.  They may also be asked to take a blood alcohol test following the indication of dui signs noted by an officer. 

Legalities of Sobriety Testing for DUI Suspicion

Once a suspect has been placed under arrest for dui, they are still not convicted of the crime.  In order to obtain a conviction, prosecutors need evidence that proves beyond a shadow of a doubt that a suspect was indeed under the influence.  Officer testimony stating that a suspect failed field sobriety tests, such as the horizontal gaze nystagmus, is often insufficient to convict an individual.  Therefore, law enforcement relies on blood alcohol testing, such as breathalyzer devices, bac urine test, or blood samples.  Suspects, however, have a right to refuse such tests.  Without definitive proof of intoxication, most drunk driving arrests are not prosecuted. 

Refusal to submit to a breathalyzer, blood, or bac urine test sample, however, comes with administrative penalties.  In almost every state, a refusal to submit results in automatic suspension of one’s license, along with other administrative penalties under DUI Laws, but these may prove minor when compared to a dui conviction. 

Can a DUI Lawyer Help?

Depending on what a suspect says and does during the initial traffic stop (or DUI Checkpoint) and ensuring dui investigation, lawyers may have significant grounds for dismissal of charges.  Commonly, suspects may refuse to submit, and in turn, prosecutors have little or no direct evidence to convict individuals upon. Even the functionality of a breathalyzer reading may be questioned, and if the chain of evidence does not hold up, or some defect is found, acquittal or dismissal may be possible under these grounds as well.  Each dui case presents unique circumstances and methods for an attorney to employ to return a favorable outcome from an arrest.  Typically, however, a public defender will not promote any beneficial strategies, and only with the assistance of your own legal counsel can you actively pursue favorable strategies for dismissing dui charges.