Lexington DUI Stops

In a typical DUI traffic stop, the police officer follows the individual for a short time to ensure the camera captures their driving pattern and then they flip on their blue lights. The driver pulls over, and the officer pulls over and approaches the vehicle. Within a few moments, the police officer is asking where the person is going, where they are coming from and what they were doing. If the officer smells alcohol, they will ask the driver if they have been drinking. The law enforcement officer asks investigative questions as far as the DUI is concerned to go further with the investigation.

Lexington DUI stops are a basic traffic stop followed by a series of investigative type questions regarding DUIs that include where the driver is coming from, their traveling itinerary, and how much they had to drink. If you have any questions about DUI stops and your rights, contact an experienced DUI lawyer.

What Does an Officer Look For Before Pulling Over a Driver?

Before pulling a driver over, the police officer looks for any type of illegal conduct. The officer must have reasonable suspicion of criminal activity or probable cause of a traffic violation. More often than not, 97 percent of a stop is based on a probable cause of a traffic violation. The officer looks for someone who is:

• Speeding
• Weaving in their lane
• Following too closely
• Making an improper turn
• Rolling through stop signs
• Leaving their bright lights on

These are small traffic violations that could lead to a DUI investigation by the officer, especially when they approach the car and smell the odor of alcohol or see an open container. Law enforcement officers look for basic traffic level offenses that may indicate the individual is driving is impaired.

Field Sobriety Tests

When an officer pulls over a driver and suspects that the driver is intoxicated, they will ask the driver to perform one or more field sobriety tests. Standard field sobriety tests include the horizontal gaze nystagmus (HGN), walk and turn, and the one-leg stand test. The HGN test involves the officer holding a flashlight or pen and asking the individual to follow it with their eyes. The officer is looking for the involuntary jerking of the eyeballs, and if the person is showing nystagmus. The walk-and-turn test is when the person is asked to walk nine steps down heel to toe, turn around and walk nine steps back heel to toe. The one-leg stand is when an individual stands on one leg for 20 to 30 seconds.

Police Search of a Vehicle

Police officers often want to search a person’s vehicle during a Lexington DUI stop. Sometimes, an officer says they have probable cause based on an odor of marijuana or an open beer can in plain sight that gives them a reason to search further.

When someone denies consent to search and is subsequently arrested, the officers do an inventory search of the vehicle. Frequently, people grant an officer’s request to search that allows the officer to search the vehicle. This happens in many DUI traffic stops. However, it is crucial that people understand that they are not required to give consent to the search of their vehicle during a traffic stop. It is their constitutional right to be free from unreasonable searches and seizures under the Fourth Amendment and 14th Amendment of the United States Constitution, as well as Article I, Section 10 of the South Carolina Constitution.

Implied Consent in a Lexington DUI Stop

Implied consent is when someone drives on a road in South Carolina, it is implied that they agree to give a breath, urine, or a blood test, depending on the situation. They agreed to give a test regarding their blood alcohol content. One of the big issues regarding implied consent is that the driver must consent to give their breath test. There is a punishment if they refuse to do the breath test. If they refuse the test, their license can be suspended up to six months. The driver may fall within 30 days of the date of suspension for a contested case hearing to challenge their suspension.

For more information about Lexington DUI stops and your rights, call an accomplished lawyer today.