Milford DUI Stop Process
DUIs and the DUI stop process in Milford are taken very seriously and can ultimately lead to serious penalties. For this reason, it is very important for a person to call a Milford DUI lawyer as soon as possible to ensure they can combat the charges against them. An attorney can help a person better understand the charges against them and what steps they should take.
Circumstances That Lead to a Stop
Very often, a motor vehicle infraction is what will cause an officer to pull someone over for a suspicion of a DUI. For example, a person can be rolling through a stop sign, failing to signal, or crossing the yellow line, or not have their lights on. These are all motor vehicle infractions that can lead to a motor vehicle stop. Typically, when an officer sees this type of conduct late at night, they believe that it well may be caused by someone who is driving under the influence.
Additionally, a car accident or an out-of-date registration can also cause an individual to have interaction with the police, and that interaction can lead to a DUI.
The first aspect of the Milford DUI stop process begins with the initial stop and the initial interaction between the individual and the police officer.
Many times, this is caused by a motor vehicle infraction or a car accident, and that is what leads to police involvement. Once the police are involved, the first step is similar to a normal motor vehicle type of situation where the officers will ask the individual for their license, registration, and basic identifying information.
From that basic interaction, the officers will typically state in their reports that the individual seemed intoxicated, including smelling of alcohol, their eyes looking glazed over, and/or slurring their speech. That initial interaction, therefore, will often lead to allegations from the officer that is suspicious of DUI.
Field Sobriety Testing
Once the officers have the biographical information, if they do have suspicions of a DUI, the next step of the Milford DUI stop process is that officers may ask what they call pre-test questions. A person will often see in reports that officers request an individual to either count backwards from a certain number, for example, from 55 to 43, or they will ask them to recite the alphabet beginning with the letter D. They will ask these pretest questions that are not required for a DUI and are not listed in the manuals for a DUI.
After they have answers to those initial questions and they believe that the person may have been driving under the influence, they will move onto the field test. Very often, the officer will ask the individual to step out of the vehicle and engage in what they call the field sobriety tests. The most typical field sobriety tests are the walk and turn, the horizontal gaze nystagmus, the one-legged turn, and the heel to toe walk.
Once a person engages in the field tests, generally, officers will indicate that the individual failed those field tests, and at that time, they will place the person under arrest, and put them in handcuffs. The individual’s car will be often be impounded and towed, and the individual will be taken to the police station to submit to further chemical testing.
Once they are at the police department, there are several options that the police can give in terms of chemical tests. Which test is given is determined by the police officer; citizens do not have the right to choose. They have to submit to whatever test is elected by the police officer. The three types of tests that the officer can elect are a breath test, a urine test, and a blood test.
The most frequently selected option is the breath test. The reason this is the most frequently selected option is because it is the easiest to give and the officers are trained on the various breath test machines.
If there is an issue with their breath test machine or if the individual blows below a 0.08, the officers very often will require that individual to submit to a second type of test, and most typically it will be a urine test. A urine test has numerous problems in terms of reliability, but this is the second option that the police typically select. The reason is because this is a fairly straightforward test that can be conducted by any of the police officers and simply requires a urine sample.
The final option that they could select, but rarely do, is the blood sample. The reason this is so rarely selected is because it requires a license to draw blood. Rarely police officers and staff are trained and licensed to take the blood. This is somewhat discouraging because the blood test is by far the most accurate type of test that they could elect to do.
So it is up to the police officer to decide which test to give, and very often they elect the breath test or urine test, which are the most unreliable of the three. It is a choice of the police officer and not something that citizens are able to choose.
Charging Somone With a DUID
Whether or not someone is going to be charged with a drug related DUI will largely depend on the chemical tests that are conducted at the police department. There is no distinction in the statute with the charge of an alcohol DUI or a drug DUI, with the same penalties, process, and options. It is just a different way of driving under the influence.
Since the charges are exactly the same, the police do not choose a drug DUI or an alcohol DIU. They are just two common phrases that used to speak of the different types of DUIs.
In the situation where someone takes a breath and it comes back with 0.00, clearly, the person was not driving under the influence of alcohol. Therefore, if law enforcement still suspects that the person is under the influence of something, typically they will give the individual a urine test. They will send that urine test to the state lab for toxicology reports. When that report is returned to court and the state’s attorney’s office and if it came back positive for some sort of narcotic, cocaine, PCP, marijuana, or whatever the case may be, the state can pursue a drug DUI.