What Happens If I Am Being Stopped For The Suspicion Of A DUI?
The officer either pulls you over for what’s usually a minor traffic infraction. As the officer approaches the vehicle, you will roll down the window and he’ll ask for your license, your registration and proof of insurance, and you provide those documents. The officer will almost always say they smell the odor of intoxicating beverage emanating from the vehicle or the person. And that is where they have the reasonable suspicion or the probable cause, which always leads the officer to ask, have you been drinking? And many times, my clients answer, yes, “I’ve had one or two beers or one or two drinks.” Then officer has further probable cause and will continue. Then he gets what is known as a portable breath test, and will either ask the person to step out of the vehicle, or remain in the vehicle, and blow into the portable breath test. The portable breath test is not what counts as it is giving him more information. It’s testing whether or not there’s alcohol on your breath. You can’t use the readout it in court because it doesn’t have the calibration required. Then the officer takes you down to the station and you blow into the big Intoxilyzer. It prints a very detailed readout and it’s calibrated and certified by the Mississippi crime lab. The officer has to be certified to operate that Intoxilyzer. and that’s the readout we’re looking at. If it’s a 0.08 or greater, you’re going to be charged with DUI. Now, if you blow that portable breath test, and it’s a low alcohol readout, the officer may ask you to do some field sobriety tests, or if it’s a no alcohol and they suspect that it is marijuana, or some other substance that is impairing you, they will do the appropriate field sobriety tests, which you are not required to do.