Getting behind the wheel while you are under the influence of alcohol is a very bad idea indeed. Even though you may not care about your own life and are not worried about possible consequences, think about others. After all, any driver who is driving under the influence of alcohol actually poses a genuine threat to other drivers, as well as their passengers and even the pedestrians. Hence, it is very important, crucial even, to never get behind the wheel while intoxicated.
With that said, circumstances can be quite different and pretty much harmless. For example, maybe you were invited to your best friend’s birthday party. Sure enough, you simply cannot miss that even, so you get in your car and you drive to the restaurant, where all your friends are celebrating. Well, seeing how you plan on driving home, you have no intention to drink any alcohol whatsoever. Nevertheless, your best friend is a little bit offended and you decide that a single glass of wine will not do any harm, so you drink it. A bit later you are getting behind the wheel and are driving home. Suddenly, you are being pulled over at the nearest DUI checkpoint. The law enforcement officers there are very serious and ask you to step out from the vehicle. A quick Breathalyzer test demonstrates that your BAC (Blood Alcohol Content) is above the legal threshold and the police arrest you. Simple as that. Note that nothing you are going to tell them is going to make things right – DUI is a serious offense. At best, you will need to pay an expensive fine as well as submit yourself to community service, and if there were any aggravated circumstances, you risk losing your license and going to jail.
You will probably be surprised, but the above-mentioned situation is pretty common these days. And to be entirely honest, in some states, such as California, the legal punishment for even a DUI misdemeanor is very severe and we are already talking about jail time, which is something that no one will want to experience.
In case you were actually driving from a birthday party and you drank a glass of wine there, do not panic even if you are pulled over at the nearest DUI checkpoint. After all, first and foremost, you will need to keep in mind that you have your legal rights and you need to use them too. To begin with, even if the law enforcement officer will ask you to step out from your vehicle, you can always politely decline, since you are not required to do that by law. Furthermore, you are not required to give them your driving license – you can demonstrate it through the window and that should be sufficient. Finally, even if the law enforcement officer will want to search your vehicle, you should not allow them do so unless they have a search warrant.
Hence, to sum it all up – even if you were pulled over at the nearest DUI checkpoint and the law enforcement officers apparently have reasons to believe that you were driving under the influence of alcohol, you should not forget about the rights that you have. First of all, you do have the right to remain silent. Secondly, the law does not require you to step outside from the vehicle. Finally, the legal regulations do not require you to hand your license over – you can just as easily show it through the window. Finally, the law enforcement officers have no right to search your vehicle if you demand that they demonstrate the search warrant.
Of course, in certain situations the police officers will have the right to search the vehicle – that is, if you are acting in an aggressive manner or if they have any reasons to believe that you are hiding something. Furthermore, they may want you to submit yourself to DUI tests in order to determine if you are drunk. One way or the other, the best way to deal with the situation would be to remain inside the vehicle until the arrival of the lawyer. If you were arrested for DUI, please give us a call at (877) 781-1570 or email us using online contact form.