March 1, 2023 | DUI
Most arrests for driving under the influence in Dayton begin with a traffic stop. However, the traffic stop might have nothing to do with drunk driving. Many people are charged with DUI and face severe DUI penalties after being pulled over because they broke a traffic law.
Top Reasons Police Pull People Over for DUI in Dayton, OH
Police officers must have a reasonable suspicion that you are committing or have committed a crime or traffic infraction to make a traffic stop. When they make the stop, they must have probable cause for detaining you.
Common reasons drivers are pulled over by police officers include:
Weaving or Swerving
An officer commonly pulls someone over for DUI because a vehicle is weaving or swerving. If you cannot stay in your lane, it draws attention. Changing lanes suddenly and within signaling are also “red flags” for officers to make a traffic stop.
Speeding and Driving Too Slow
Exceeding the posted speed limit and driving too fast for conditions are common reasons for traffic stops. Police officers might use radar to determine the speed as drivers pass, or a police officer might follow a vehicle to “clock” the vehicle’s speed. A speeding ticket could become a DUI charge if the officer believes you are drunk.
On the other hand, driving too slowly will attract a police officer’s attention. A drunk driver might drive very slowly to avoid causing a DUI accident. Also, some impaired motorists might drive more slowly because they believe they are traveling faster.
Burnt Out Lights
Something as simple as a burnt-out tail light, signal, or headlight could result in a DUI ticket. Another common issue for drunk drivers is forgetting to turn on the headlights at night, although newer vehicles have automatic headlights.
Running Red Lights and Stop Signs
A common traffic infraction is running a stop sign or a red light. When a person is intoxicated, their judgment is impaired. Therefore, they might “roll through” a stop sign or think they can “beat” a yellow light.
On the other hand, stopping for green lights might get you pulled over by the police. Likewise, stopping hundreds of feet from a stop sign or traffic signal can indicate that a driver might be drunk.
Making Wide Right Turns
Impaired drivers have problems judging distance. Therefore, a driver might make a very wide right turn. The turn could signal a police officer that the driver might be intoxicated.
What Are My Rights After a DUI Stop in Dayton, OH?
The fact remains that a police officer can pull you over for any reason. Officers can come up with some reason for pulling a driver over, even if the officer alleges you failed to use a turn signal. However, detaining you and conducting a DUI investigation is another matter. That requires probable cause to believe you are intoxicated.
It is essential to understand your rights at a DUI stop. You do not want to give the police officers any additional evidence a prosecutor can use against you in court.
Your rights after a DUI stop include the following:
The Right to Remain Silent
After giving him your name and address, you do not have to answer the officer’s questions. For example, you are not required to tell the officer where you are coming from or if you have had anything to drink.
The Right to Refuse Field Sobriety Tests
You can refuse to take a field sobriety test (FST) during a DUI stop. FSTs are difficult to pass even when you are sober. Furthermore, the results are subjectively judged by the officer who pulled you over and already believes you are drunk.
The Right to Refuse a Roadside Portable Breath Test
You can refuse to take a roadside breathalyzer test after a DUI stop. The tests are unreliable. The officer could still arrest you for DUI, but you do not have to help give him probable cause by taking a breathalyzer test.
Even though you can refuse a pre-arrest breath test, Ohio’s implied consent law requires drivers to take a chemical test after a DUI arrest. Refusing a chemical test after a DUI arrest results in an administrative driver’s license suspension. You should contact a lawyer immediately to appeal the administrative license suspension.
The Right to a Dayton DUI Lawyer
You have the right to legal counsel after a police officer arrests you for DUI in Dayton. Additionally, you have the right to remain silent and not answer any questions without your lawyer present.
The best way to protect your rights after a DUI arrest is to talk to a Dayton DUI defense attorney. An attorney investigates the traffic stop and the arrest to determine if the officer violated your rights. If so, your attorney can use the violation of your rights as part of a DUI defense strategy to fight DUI charges.
Contact the Dayton DUI Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402