Howard County DUI Stops
All an officer needs is a basis for a Howard County DUI stop or what is called the reasonable, articulable suspicion for an investigatory stop of the vehicle. That is all they need, regardless of whether it is related to alcohol or not. If you are stopped by an officer for a DUI, contact a skilled DUI attorney today.
DUI Stop Process in Howard County
Typically, a traffic infraction is followed by a Howard County DUI stop and then an officer makes certain observations of the individual such as the smell of alcohol, bloodshot glassy eyes, and maybe the driver admits to having consumed alcohol recently – any one of those factors is sufficient with a traffic stop to get the individual out of a vehicle to submit to the field sobriety test.
Upon a relatively poor or unsatisfactory performance on the field sobriety tests, an officer has the right to take somebody into custody, transport them back to the station to submit to the intoximeter breath test machine.
Consenting to Search Vehicle
During a regular traffic stop, an officer needs consent to search the vehicle. If something arises following a basic traffic stop, that may change. A person pulled over for speeding cannot have their vehicle searched, but if the officers smelled marijuana during a Howard County DUI stop, they can search. If the person is arrested for DUI, they can search, but not just for a minor traffic offense.
Implied consent is a concept that holds for every driver. If a person is a driver, they are giving implied consent just by virtue for being a driver that if there is a valid traffic stop and an officer has reasonable grounds to believe they are under the influence, they will submit to the field sobriety test. Thereafter, they are giving implied consent to submit to the breath test if there is probable cause to believe the person was driving while impaired or under the influence. A violation of this could create additional sanctions if they refuse to submit to the test.
Mistakes to Avoid
Being combative or disrespectful to the officers and saying too much are mistakes to avoid during a Howard County DUI stop. An individual is not required to disclose anything to the police. They have to give their name, their information, but they are not required to explain everything, everywhere they are going, and everything they are doing.
Rights During DUI Arrest
A person does not have to answer any questions or take any test. They cannot be forced to do any of those things.
If the person has been arrested, they will be transported back to the station and they will be advised of certain rights and they will be asked to submit to the breath test at the station by a toxicologist. A person does not have to submit to any testing. They do not have to answer any questions and can request to speak to an attorney before deciding as to whether or not they should speak and/or do the breath test.