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One of the most common legal issues is being pulled over and suspected of driving under the influence. However, law enforcement cannot arrest you without enough evidence that you are operating your vehicle unsafely.
Before deciding to arrest you for drunk driving, a police officer should:
Your driving behavior is observed and gauged well before a police officer puts their lights on to pull your vehicle over. A law enforcement officer needs to have what is known as probable cause, or the legal right to stop your vehicle.
For example, an officer would have probable cause to stop you if you were driving carelessly or disobeying traffic laws.
A police officer is legally allowed to evaluate any readily available signs that you may be driving while intoxicated. For example, the officer can check for the smell of alcohol or marijuana on your breath or in your vehicle and can look with their flashlight at open areas for any contraband that may be visible.
As the officer engages with you during the stop, your speech, coordination, and cognitive skills will be observed. The officer is looking for signs of intoxication like extreme confusion and lack of coordination.
Slurred speech is also a significant reason drivers are charged with drunk driving, even though this can easily be caused by fatigue or a speech impediment.
A common part of a DWI stop is to conduct chemical testing to determine scientifically if there are any intoxicating substances in the driver’s bloodstream. This can be done before an arrest using a breathalyzer, however, this does not check for the presence of drugs like opiods.
The officer may decide to take you into police custody and transport you to a lab or hospital for a more accurate blood test.
If you’ve been arrested for drinking and driving — or for another crime — don’t wait to get experienced legal help. Grace Lea Chang is an experienced general attorney that can provide you with a zealous defense. Attorney Chang has an excellent track record with her clients and will represent you with skill and expertise.
Call our office today for your initial consultation to discuss your legal needs at (626) 792-5888. We are available now to assist you.
LOCATION:
301 E. Colorado Blvd.,
Suite 325,
Pasadena, CA 91101
FAX:
(626)792-6886
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.