If a police officer has reasonable grounds to believe that you are intoxicated, then they can detain you for further investigation. This includes asking you to perform field sobriety tests and taking a breathalyzer test. If you fail the sobriety tests or the breathalyzer test, then the officer can arrest you for DUI testing.
However, if the officer does not have reasonable grounds to believe that you are intoxicated, then they cannot detain you. The officer can only ask you questions and request your license and registration. If you refuse to answer the officer’s questions or provide your license and registration, then the officer can arrest you for obstruction of justice.
It is important to know your rights when you are pulled over by the police. Finding an experienced criminal defense attorney is important for getting the best outcome. Contact the best DUI lawyer in Spartanburg, South Carolina right now at The Bateman Law Firm to help you with legal advice and representation.
The Basics Of DUI Law In Spartanburg, South Carolina
When can a police officer stop you for driving under the influence (DUI), you may ask?
DUI law can be complicated, so we’ll like to break it down for you.
An officer can stop you if they have a reasonable suspicion that you are driving drunk. Reasonable suspicion can be based on your driving, your appearance, or your behavior. For example, if an officer sees you swerving or speeding, or if they smell alcohol on your breath, that would be enough to establish reasonable suspicion and justify a stop.
Once you’ve been pulled over, the officer will likely ask you to step out of your vehicle for a field sobriety test. This DUI testing is designed to determine whether you are impaired and unfit to drive. If the officer believes you are impaired, you will be arrested and taken to the police station for a chemical test.
If you are arrested for DUI in Spartanburg, you will be facing some serious penalties. These penalties can include jail time, a fine, a driver’s license suspension, and more.
Can an Officer Stop Me Anytime for DUI Testing?
No, an officer cannot stop you anytime they please – there must be a valid reason for the stop. The most common reasons are speeding, running a red light, or having a busted tail light. However, if the officer suspects that you may be driving under the influence, they will likely pull you over.
There are a few ways that an officer can tell if you might be driving drunk. For example, if you are swerving in and out of your lane or if you are driving significantly slower or faster than the posted speed limit, the officer may pull you over.
Additionally, if you are making wide turns or if you’re stopping abruptly, these are also signs that you may be intoxicated. If an officer sees any of these behaviors, they will likely pull you over and administer a field sobriety test.
If the officer believes you are intoxicated, they will likely arrest you and take you to the station for a breathalyzer test. If you refuse to take the DUI testing, you will automatically lose your license for one year. If you take the test and fail, you will be charged with a DUI.
It is important to note that even if you are not intoxicated, you should always cooperate with the police officer. If you do not cooperate, the officer may arrest you for disorderly conduct.
Common Circumstances Leading To a DUI Stop
There are a few circumstances that could lead to a police officer pulling you over for suspicion of driving under the influence (DUI). The first is if you are stopped at a DUI checkpoint. At these checkpoints, police officers look for signs of intoxication such as red or watery eyes, slurred speech, and the odor of alcohol or drugs.
Another common situation is if an officer notices that your vehicle has been weaving, drifting, or suddenly accelerating or decelerating. Additionally, failing to obey traffic signals or laws can also result in a stop or detainment.
It’s important to note that if an officer smells alcohol on your breath, they have probable cause to investigate further and may ask questions such as where you’re coming from and whether you’ve had anything to drink recently. It’s up to you to decide if you want to answer these questions. Keep in mind that refusing an officer’s request could result in more serious charges.
What To Do If You’re Stopped For DUI Testing in Spartanburg, South Carolina?
If you find yourself stopped by a police officer in Spartanburg, South Carolina on suspicion of DUI, the best thing to do is stay calm and be cooperative. Keep your hands where the officer can see them and do not attempt to flee the scene.
Be aware that the officer may ask you to perform a variety of field sobriety tests, such as saying the alphabet backward or walking in a straight line. They may also request a Breathalyzer test. While you may feel as if there is nothing wrong with answering truthfully, we strongly suggest that you politely decline to take any tests or answer any questions until you can speak with a lawyer.
If asked if you have been drinking or taking drugs, remember that it is your right to remain silent because anything that you say can—and likely will—be used against you in court. The relevant law varies by state, so you must consult an attorney for more specific advice about what your rights are.
Even if you are arrested, know that it is not the end of the line. You have the right to an attorney, and there may be defenses available to you that can help you avoid a conviction. If you or a loved one has been charged with DUI, contact the best DUI lawyer in Spartanburg, South Carolina as soon as possible to discuss your case.
Reach Out To The Best Criminal Defense Attorney In Spartanburg, South Carolina
If you are charged with a DUI, it is important to contact a qualified criminal defense attorney in Spartanburg, South Carolina from the Bateman Law Firm. Under the law, police officers have the authority to stop any vehicle that is suspected of driving under the influence for DUI testing, regardless of their reasons for doing so.
Your attorney at the Bateman Law Firm can evaluate your case and ensure that your rights are not violated in the process. Additionally, we will prepare a solid legal defense and try to minimize any possible penalties including fines and jail time should you be convicted of any DUI charges (if you were actually engaged in DUI).
Contact us today for legal consultation and more!