Being pulled over by law enforcement can be a stressful experience regardless of the reason. But when the suspicion of driving under the influence (DUI) is involved, that stress can escalate quickly. Understanding what to expect during a DUI traffic stop can help you navigate the situation and protect your rights even before you speak with a South Carolina DUI defense attorney. Let’s walk through the typical steps involved.
The Officer Will Pull You Over
A traffic stop for suspected DUI usually begins when an officer observes a traffic violation or driving behavior that suggests that the driver is under the influence. This could be anything from swerving and speeding to running a stop sign or driving erratically. The officer typically turns their lights and siren on to get your attention and prompt you to pull over.
During the initial interaction, the officer will approach your vehicle and ask for your driver’s license, vehicle registration, and proof of insurance. This routine request is also an opportunity for the officer to look for any obvious signs of impairment. These signs can include:
- Odor of alcohol: The smell of alcohol emanating from your breath or the vehicle.
- Slurred speech: Difficulty articulating words clearly.
- Bloodshot or watery eyes: Redness or excessive moisture in the eyes.
- Flushed face: Reddening of the skin, particularly on the face, neck, and ears.
- Unsteady movements: Difficulty maintaining balance or coordination.
- Fumbling with documents: Struggling to locate or pass them your license, registration, or insurance.
- Confused or disoriented behavior: Appearing unsure of your location, the time, or how to answer the officer’s questions.
If the officer observes one or more of these signs, they will likely proceed with further investigation into the suspicion of DUI. If they don’t observe any signs, they should end the stop and let you go on your way.
They’ll Conduct a Field Sobriety Test
If the officer has reasonable suspicion that you are impaired, they may ask you to perform a series of field sobriety tests (FSTs). These are standardized tests designed to assess your balance, coordination, and cognitive abilities. Common tests include:
- One leg stand: Balance on one leg with the other foot raised at least six inches off the ground. This helps them check for swaying or difficulty balancing.
- Walk and turn: You’ll be asked to walk a straight line, heel-to-toe, and turn on one foot before heading back toward the officer.
- Horizontal gaze nystagmus (HGN): The officer will ask you to follow a moving object with your eyes to check for involuntary jerking of the eyes.
Field sobriety tests aren’t always accurate. If you have medical conditions that impact your ability to perform these tests, be sure to let your attorney know immediately.
You May Be Arrested
Based on their observations during the initial stop, your performance of the field sobriety tests, and any other evidence they find, the officer will determine if there is probable cause to believe you have been driving under the influence. Probable cause is a legal standard that requires a reasonable belief that a crime has been committed.
If the officer believes probable cause exists, they can and will arrest you for DUI. They’ll handcuff you, read you the Miranda rights, and take you to jail. Once booked, you’ll have the opportunity to speak with your South Carolina DUI defense attorney.
Call a South Carolina DUI Defense Attorney A.S.A.P.
If you’re facing charges for DUI, whether it’s a misdemeanor or a felony, the sooner you can speak to a South Carolina DUI defense attorney, the better. At Truslow & Truslow, our team is proud to help South Carolina drivers present a strong defense in court. Contact us today to schedule a free consultation and get the advice you need to navigate your case with confidence.