DUI Police Officer Conduct
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What Is Police Officer Conduct?
A police officer that suspects an individual is driving while under the influence of alcohol must have a "reasonable suspicion" that a driver has been drinking. Simply, this means a police officer must have observed something in an individuals driving or conduct that might indicate he or she is under the influence of alcohol. Therefore, police officers have a wide latitude in determining whether or not they suspect someone to be intoxicated.
What if I Haven't Had Any Drinks?
A person that is pulled over by a police officer under suspicion of driving while intoxicated should comply with police officers requests. A person that hasn't had any drinks might be asked to submit to field sobriety tests. These tests should be performed because it is highly likely that a person who hasn't been drinking will pass these tests easily. Passing the tests will likely mean an individual can safely drive away without any further difficulty.
What Should I Do if I'm Told I Didn't Pass the Test?
An individual that hasn't been drinking but has been instructed by a police officer that he or she hasn't adequately passed a field sobriety test should comply with the officer's demands. Generally, a police officer will take a person into custody and will be booked. However, an innocent individual should comply and post bail immediately. An innocent individual that becomes belligerent will only increase the police officers anger and make the entire procedure more difficult.
What Should I Do after I've Posted Bail?
An innocent individual that hasn't been drinking should post bail and hire an attorney. The individual should describe in detail the circumstances of the arrest and the police officers conduct. An innocent person can bring a cause of action at a later period against the police officer because of his conduct.
Should I Consult an Attorney?
An individual that has been arrested should contact an experienced criminal defense attorney. Criminal defense attorney can help to evaluate any evidence of law enforcement officials and determine the credibility of each piece of evidence. In addition, experienced criminal defense attorneys can help to reduce any penalties imposed on DUI offenders.
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Last Modified: 09-02-2011 12:09 PM PDT
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