Driving under the influence is known
under different terminology in different states. Some states refer to it as DUI
(driving under the influence), but depending on where you are it can also be
referred to as DWI (Driving While Intoxicated) or OWI (Operating While
Intoxicated). The fact is that driving under the influence is a crime
punishable by law.
However, a DUI arrest is unlike any
other criminal offense in the sense that there is a high requirement on the
shoulders of the law enforcement to follow procedures diligently while
arresting a DUI suspect point out Memphis, TN DUI lawyers.
If any of the procedures are not
followed, then the DUI charge can be challenged and beaten or
in some cases, prosecutors will not even bother to file the lawsuit and will go
ahead and drop the charges. In this article, we shall take a look at what these
procedures are, and what your rights are during a DUI stop.
Probable
cause
The constitution protects us from
injustice and serves to protect our freedom. Courtesy of the constitution, a
law enforcement officer cannot just pull over anybody without a reason. This is
where probable cause comes into play. In order for the law enforcement officer
to be able to pull over somebody, they need to have reliable information which
raises reasonable suspicion that the person is or may be driving under the
influence. This is called, probable cause.
According to Tennessee DUI attorneys,
some of the things that qualify as probable cause are – erratic driving, not
maintaining lane, tip off from a witness who has seen the suspect visibly drunk
or drinking prior to getting behind the wheel, or an accident. However, the
laws may vary ever so slightly depending on which state you are in.
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| This may be pricey but not nearly as much as a DUI ticket. |
In the movie I, Robot, Del Spooner’s
(played by Will Smith) car was moving in a violent and irrational manner but
this is because he purposely spun the car to use centripetal force to get the
robots off of his car. His car was being attacked by robots. In this case,
Spooner would have been let off the hook if he was pulled over by police since
he was trying to survive. The robots were trying to kill him. Spooner was not
drunk. Most people though, or pretty much everyone, would receive a DUI ticket
since in this day and age, robots do not attack cars. That is a few decades
off.
Protection
against illegal searches and seizures
As a DUI suspect, the law enforcement
officer cannot simply search your car or your person without either a search
warrant or your own personal consent, say Memphis, TN DUI lawyers.
Consequently, they cannot forcibly
subject you to breathalyzer tests, field sobriety tests, or any other sobriety
tests if you refuse to submit to the test. However, keep in mind that some
states like Tennessee have adopted the implied consent law. If you refuse to
submit to sobriety tests it will result in the automatic suspension of your
driver’s license for a year.
Spooner was almost given this test
though since his superiors did not believe robots attacked cars. This is
another story though. If you are driving and showing you are having trouble
operating a car in motion, plan on being pulled over.
The
right to remain silent
Remember that anything you say can and
will be used against you in a court of law. Therefore, it is best not to say
anything at all. You can refrain from all questions or interrogations posed to
you by law enforcement officers. Do this politely by telling them you will have
legal counsel soon and be as circumspect as possible – be patient and quiet.
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| Memphis, TN DUI lawyers know DUI drivers cause lots of mayhem to society. |
If
you have been arrested and charged with a DUI, it is vital to
remember that the consequences of a conviction could be catastrophic.
Therefore, make sure to reach out to a DUI lawyer in Tennessee as soon as
possible.
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