Essay On Reasons You May Be Stopped For A DUI

1256 Words 5 Pages
Title: Reasons You May Be Stopped for a DUI

When it comes to defending yourself against a DUI, the best defense is the “no driving” defense. For you to be convicted, the officer has to prove that you were actually driving the vehicle. If you were unlucky enough to be caught at the wheel, then there are other ways to defend against these charges.

Reasons Why You May Be Stopped for a DUI

While it is impossible for a police officer to know that you are drinking beforehand, there are some signs that make them assume that you may be driving under the influence. Often, motorists who are impaired will commit a traffic law violation or drive erratically. In addition, the police officer may see the impaired driver:

Running a red light
Swerving
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If the officer does not see the individual commit the misdemeanor or felony, they normally cannot make an arrest. While the officer 's presence is normally required, there are cases when law enforcement officials do not have to see the crime. If there is enough probably causes or reasonable inferences that the person committed the c rime, then they can still make an arrest. For example, if the officer sees a bleeding person on the ground and someone else holding a gun over them, then it is reasonable for the officer to infer that the gun-holding individual shot the other …show more content…
If a friend or family member is steering the car from the passenger seat, they can be prosecuted for a DUI. As long as the car is not moving in any way, the law does not consider you to be driving the vehicle.

What Types of DUI Cases Occur?

There are different ways that an officer can make an arrest without seeing you drive the vehicle. Some of the situations include:

A different driver called 911 to say that a car is weaving on the road. The police later find the car at your residence and arrest you.
The officer wakes you up or sees you seating in the driver 's seat. When they talk to you, you show signs of being intoxicated.
An accident occurs, and you are seen standing next to the vehicle.
Police show up at the hospital after receiving a report of an accident. They take a blood test and find that you were above 0.08 percent BAC.

In none of the previous scenarios did the officer see you driving the car. They can still make an arrest because you are impaired. The situation allowed them to infer that you were driving the car. There are other cases where the officer may infer that you were driving:

You said that you drove the

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