Most people that find themselves facing a DUI traffic stop did not set out to break the law, but mistakes can happen. A DUI stop can be intimidating. However, understanding your rights and how to react during a stop can be an important part of defending against potential charges related to such stops. A dedicated DUI lawyer can help you understand more about Fairfax DUI stops and what the circumstances of your stop may mean for you.
If law enforcement suspects that an individual is operating a vehicle while under the influence, they will pull that person over and conduct an initial stop. Generally, a stop includes different types of DUI tests which could demonstrate if an individual is under the influence. If an individual is found to be under the influence, they will be arrested.
Most people are familiar with the basics of standardized field sobriety testing. These tests often involve measuring the way an individual’s eyes react to a stimulus or asking an individual to stand on one leg, among others. The main purpose of these tests during Fairfax DUI stops is to build evidence that demonstrates probable cause arrest an individual.
It is important for an individual to remember that they have the right to refuse this test without any significant repercussions. However, their refusal to do so may help an officer establish probable cause to issue an arrest.
While law enforcement officers are trained in administering these tests, the tests themselves can often be subjective. An individual’s performance on such tests could be influenced by a number of factors, including pre-existing health conditions or even the location where the test is performed.
Another roadside sobriety test that takes place during Fairfax DUI stops, is the portable breathalyzer test. Law enforcement officials will often ask an individual to submit to a portable breathalyzer test to further help establish probable cause for an arrest. Like standardized field sobriety testing, individuals have the right to refuse roadside breathalyzer testing with no significant repercussions.
It is not uncommon for individuals to be pulled over for other reasons rather than being suspected of driving under the influence. For instance, many initial stops take place because an individual passed through a stop sign too quickly or had a tail light out. If an officer stops an individual for one of these reasons and then suspects that they may have been driving under the influence, then they will conduct the same tests they do for other Fairfax DUI stops.
While law enforcement can use a refusal to submit to testing during a DUI stop as probable cause for making an arrest, there is generally no reason why you should help them build a case against you. In many cases, refusal to submit to roadside sobriety testing can work to your advantage.
If you would like to learn more about your rights regarding Fairfax DUI stops, as well as your legal options, contact a dedicated Fairfax DUI lawyer today.
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