Fishigh Law Blog

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What to do if you are suspected in drunk driving

December 13th, 2014

Despite the fact that according to the law only completely sober drive is allowed to drive a car, many of our compatriots are still risking to lose their license because of the leftovers of alcohol in the blood after the holidays or weekends. However, every motorist should know who and how can determine the presence of alcohol in the blood and remember that everyone has a right to have a competent DUI defence. A special procedure of determining alcohol presence in the blood is established by the law. Everyone, who drives the car must be aware of it. Here are some advice on proper behavior in such situations from Caledon DUI defence experts.

First of all, only traffic police officer can discharge a person from driving a car, if he/she suspects that a person who is sitting behind the wheel is drunk. At the same time an officer is obliged to draw up a report, which must be signed by the two witnesses. Any adult disinterested person, including a car passenger, who is not a close relative of the driver, may act as a witness.

When an officer asks a driver to leave a car, he/she may suggest to check the presence of alcohol in the blood using alcotester (to be exact to ask the suspected driver to exhale into a special device). This procedure is not mandatory: the detainee has the right to refuse from it. Alcohol presence test should be carried out with the use of approved equipment with the subsequent printing of test results. In this case report conclusion is not required. The inspector is not obliged to give a driver a printout of results, but it is important to remember that such an examination is exceptional. Therefore, if the breathalyzer machine has showed the presence of alcohol, the car owner will have to pass through mandatory medical examination. It is no longer possible to refuse from it: the court takes such action as an admission of wrongdoing. The need for medical examination is assigned by a separate protocol signed by the two witnesses and a copy of it is given to the accused in DUI driving.

Specialized medical facilities and appropriate specialists, but not any health care workers, have the right to carry out medical examination to determine the presence of alcohol in driver’s blood. Otherwise you have the right to challenge obtained results of the examination in a court. Caledon DUI defence experts recommend every driver to remember this nuance.

According to the law, the conclusion about the influence of alcohol can not be done only by the external signs. The blood from a vein has to be taken for the analysis. The final conclusion is made on the basis of blood test only. The blood is tested not only to determine the presence of alcohol, but also drugs. If the test was not carried out appropriately, any competent attorney can recognize the verdict invalid.

However, it is important to follow one rule in order not to lose the driving license – to drive only being sober. It is rational to forget about driving for two days if you have taken really a lot. Then no inspectors and the court will threaten you.

Jerry Rose about professionals, who provide DUI defence in Caledon and methods they use to protect their clients.

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