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What do the police do when stopping someone for drunk driving?

When you are driving under the influence of alcohol, you may be stopped and have a field sobriety test done by the local police. This test, if failed, leads to other, more exact methods of testing. If you are caught and you think you may be over the limit of .08 blood alcohol content, you need to be cooperative and do your best not to say too much at this point. Some of the testing can be rigorous, but trying to complete these with a good attitude will go a long way when you finally get to talk to your attorney.

Basically, a field sobriety test, also called a roadside sobriety test, is a system used to enforce DUI laws and precede a Breathalyzer test. These tests are pretty easy when you are sober but are difficult if you aren't. They test your balance, physical ability, attention level and many other factors to determine if you are DUI.

These tests, when administered correctly, are easily held up in court. You and your attorney can work together to determine if they were administered in a way that is allowable under law. Most likely, they were, and enabled the police to give you further testing to discover your exact alcohol content.

When you are given a Breathalyzer test, the person administering it must be fully trained and this training certificate must be accurate and be produced in court for verification. Also, if the chain of evidence in broken, your attorney will be able to prove this and may get the charges mitigated. Many times, though, it is your cooperation and calling in a lawyer before you answer any questions that makes your case easier to get pleaded down.

Knowing what to do in case you get stopped can be the difference between jail time and a fine and a slap on the wrist.

Source: FindLaw, "Sobriety tests," accessed Aug. 18, 2015

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