What Police Can And Can't Do


by Oleg Oreemev - Date: 2010-02-14 - Word Count: 520 Share This!

DUI is driving under the influence of alcohol or drugs and therefore, it is definitely a serious offence. Police are very strict on those who are suspected with DUI and if they wish they can stop anybody and question about the influence. In Los Angeles and the other parts of the State, many such incidents take place almost everyday. It is never recommended that one may drink and drive as it is dangerous not just for the person who is driving the vehicle, but also for the others. If the DUI charge against a person is established, he/she can get harsh punishments like jail, steep fine, high insurance premiums, etc.. Moreover, if the name of the person gets listed on the DUI record, then it is very bad for the track record of that person. Therefore, one should never think of drinking and driving intentionally. However, there are possibilities that because of a certain unforeseen situation, you have to drive under the influence and unfortunately you get pulled over by the police. In such situation, you must know what the police can do and cannot do in a DUI case. Here, a few instances of the role of police in a DUI case are mentioned.

Ask Questions
It is the job of the police to make inquiries and the officer will definitely do so. As per law, police can always ask you questions whether you have been drinking or not. However, the officer cannot force you to answer such questions.

Driver's license and registration
The police officer will definitely ask for your driver's license and the registration and have all the rights to arrest you if you do not provide those documents. This is the first thing that an officer would do while questioning a DUI offender.

Remain in the car
If the police suspect that you are drunk, then he can ask you to come of the car. It is better to stay inside the car as getting out and behaving abnormally can raise more doubts in the mind of the officer. If you handle the situation politely, the officer cannot force you to step out of the car.

The Field Sobriety Test
Police usually conduct such tests to ascertain whether you are driving after consuming alcohol. The police can definitely ask you to go through such a test, but again cannot pressurize you to do so. You can modestly deny.

The breathalyzer test
The officer can definitely ask you to take on a breathalyzer test, which is conducted to ascertain the content of alcohol in the blood. This test gives the more accurate result than the field sobriety test and therefore, you must not refuse it. Your refusal can land you in deep trouble and it can even cause you loss of the driver's license. The officer can definitely ask you to conduct the breathalyzer test as they are allowed to do so under the State's law.

Most importantly, if you have been caught with the DUI charges, you must arrange for an experienced lawyer. A good attorney will help you to fight the charges and deal with the investigation procedure of the police.

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