Darien DUI Stops
There are many things that an officer may look for in a driver before pulling them over for a Darien DUI traffic top. If there is no accident, officers will be looking for any erratic driving, going from slow to speeding, or any minor motor vehicle infractions.
If you have been charged with a crime resulting from a Darien DUI traffic stop, it is imperative that you contact a DUI lawyer as soon as possible. A knowledgeable attorney will build an effective defense to help lessen any penalties you may be facing.
DUI Stop Process
Once officers pull an individual over, they will usually ask them some questions to see how they are speaking, and to notice if they are slurring their language. They will ask them for their license and registration to see if they can access that information without any difficulty.
Law enforcement will then try to ask them questions as they are getting their documents to see if they can multitask. They will then look at their eyes to see if they are glassy or bloodshot at all. Further, they will want to see if they smell the odor of alcohol on the person or in their vehicle.
Officers use this questioning as their first form of field sobriety testing during a Darien DUI traffic stop. They will then proceed with the traditional tests. The first is the horizontal gaze nystagmus test. An officer will look at the person’s eyes and see if there is any indication that they are under the influence of alcohol.
They will also have them do the walk-and-turn test, which is when someone walks in a straight line for a certain amount of steps, turns around, and walks back. Finally, they will have them do the one-legged stand test.
Searching the Vehicle
Law enforcement may search the vehicle depending on the elements of the Darien DUI traffic stop. If they end up arresting the person and bringing them into custody, they can look in the car, gather an inventory of the items, and search the car in that instance.
If they see something in there, such as an alcoholic drink or a bottle of wine, that will probably give them enough probable cause to be able to search the car with or without the driver’s consent.
Connecticut has a law regarding implied consent that says if someone is driving and using the roads of the state, they are giving implied consent to be breathalyzed or have their BAC measured in some way.
That is why police officers can try to get the driver to take a BAC test, usually in the form of a breathalyzer.
However, if someone refuses to take the test, they are going to get a longer requirement to have an ignition interlock device (IID) in their car.
If the person is not sure whether to take the breathalyzer test during a Darien DUI traffic stop, they should ask to speak to an attorney immediately. The lawyer will be able to ask them questions to determine whether they think it is more beneficial to take the test or to refuse.
Mistakes to Avoid
The biggest mistake to avoid during a Darien DUI traffic stop is talking to the police. Many times, people want to be looked at as helpful and cooperative. When they are out of the car, performing a field sobriety test, they may make a comment such as, “Officer, I only had three beers so I am not that drunk.”
Individuals may think that they are being helpful, however, anything they say can be used against them. Often, when someone is pulled out of the vehicle, they are being arrested for a DUI already, regardless of what they say or do. Anything they are saying or doing is only giving the officer more evidence against them.
Rights During a Stop
A Darien DUI traffic stop is usually legal regardless of whether an individual is read their Miranda rights. Typically, the Miranda rights are read once they get to the Darien Police Department, before they offer to let the individual make a statement, because that is when the individual is under arrest.
During a Darien DUI traffic stop, the individual has the right not to answer any questions. They also have the right to refuse to do the field sobriety test. It is not going to help them avoid getting arrested, because the officer can still arrest them based on other evidence, but many people do not realize that they have the right to refuse the field sobriety test.
Rights After an Arrest
After being arrested during a Darien DUI traffic stop, the individual has the right to talk to an attorney, not answer any questions that the police ask them, and the right to a reasonable bond. Usually, the bonds in DUI cases are relatively low, unless there is a reason for it to be higher.