Youve been out and about all night, yet have decided to drive home after having more than your share of adult beverages. Thats not a smart move. You can compound things by acting aggressive or dismissive when pulled over by the police.
Most people are under the impression that they only way they can get a DUI is by blowing .08 or above. This is the standard in every state and is sometimes referred to as the statutory DUI. How so? Well, if you blow .09 for instance, you are dead as a doornail when it comes to a DUI conviction unless your attorney can come up with some chain of custody or testing mishap argument. This is not the only way you can get nailed.
You head over to a friends home for a nice dinner party. You have some wine through the evening. You are a bit giddy, but not really sure how much youve had to drink. You drive home without giving it a second thought. You get pulled over and the officer asks you to take a breathalyzer test. You blow a .065. This means you are off the hook, right? It depends.
You can still get a DUI if the officer believes your driving would be impaired. Yes, this is true even if you are well below the .08. Making it stick in court is much more difficult than if you blow a high number, but it will still be a disaster. Even if you win, youll be out tons of money in attorney fees and have to go through an incredibly stressful affair. It would be a hollow victory.
Given this scenario, it always amazes me to see people get obnoxious, snappy and nasty with police officers when they get pulled over in a suspected drunk driving situation. Does making the officer angry really sound like a good strategy? This is the person making a subjective evaluation of whether you are too impaired to drive! It is the equivalent of getting up in court just before sentencing and cussing out the judge!
Getting pulled over by the police is stressful enough. Getting in their face is just about the last thing you want to do. Whatever short term joy you get out of it, I can assure you the long term pain will be much larger! Dont talk your way into a DUI!
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