Introduction
Once an officer suspects you are driving under the influence of alcohol, he will immediately begin stacking evidence to use against you for a DUI charge. It’s important to understand what information an officer will use and how to act appropriately in knowing that information. Below will outline how and when the officer will collect evidence and when that collection begins.
Camera Footage
Many, if not all, of police vehicles are equipped with video cameras that capture surveillance of drivers on the road. This footage will provide officers with evidence of swerving, random breaking, or any other indications that the driver may be under the influence behind the wheel. Once the officer pulls the vehicle over, body camera footage will record the interactions between officer and driver. Cooperation, attitude, verbal and body language are all caught on camera and brought into the officers toolbelt to use later on if needed. Video surveillance of both the driving footage and body camera footage can and would be seen by a jury, meaning that the answers to the officers questions, invoking your right to an attorney.
Remember Your Rights! Miranda rights may not be given to you until the officer is ready for your arrest. This means that the time in between the vehicle is pulled over and the handcuffs are placed on you, you could be saying or acting in a way that is to your detriment. Remember that you have a number of Constitutional rights that you can invoke at any point during your stop, including the moment you are pulled over.
- Fourth Amendment right against unreasonable search and seizure (Can’t search your car without a warrant or probable cause)
- Fifth Amendment right not to give a statement that would incriminate yourself
- Sixth Amendment right to counsel and be represented by an attorney
Field Sobriety Test
While on video, the officer may conduct a standardized field sobriety test consisting of:
- Horizontal gaze nystagmus test (guiding your eyes with a light)
- Walk and turn (walking on a straight line)
- One-legged stand
Other common and not standardized ways that an officer may test in addition to the above is by asking you to put your finger to your nose or saying the alphabet backwards.
You can decline these tests!
Breathalyzer Test
In South Carolina, the legal limit is 0.08% blood alcohol concentration (BAC), meaning that any number blown above 0.08 is presumed that you have been driving under the influence.
You can also decline this test! But in South Carolina, declining a breathalyzer test is an automatic suspension of your driving license. But if you get a good DUI lawyer, you could get a temporary alcohol license fairly quickly.
Conclusion
The possibility of receiving a DUI is a scary and serious consideration. Officers are trained to have a keen eye to find evidence to use against you from the moment they suspect intoxicated behavior. Contact Henderson and Henderson at (843) 212-3188 to get help with your DUI needs! Our experienced Charleston DUI Lawyers are here to protect your rights and guide you through every step of the legal process.
