Dedham OUI Stops
Being pulled over on the suspicion of OUI is a relatively common occurrence. If you want to know more about Dedham OUI stops, speak with a knowledgeable OUI attorney that could answer your questions. A qualified lawyer could devote the time and resources necessary to build a person’s case.What Officers Look for Before Pulling People Over
Before pulling drivers over for Dedham OUI stops, officers looked for marked lanes violations such as crossing over the centerline or the fog line on the side of the road. They look for vehicle malfunctions such as broken tail lights or the driver not having their headlights on at night. They are also on the lookout for speeding or driving too slow. Any type of driving or mechanical failure of the car is a reason for the police to pull someone over.OUI Stop Process
During Dedham OUI stops, an officer may observe that a driver is operating erratically, and activates then initiate a stop by activating their lights. Once the driver pulls over, the officer approaches the driver and asks for their license and registration. The officer uses the license and registration to run the driving record to make sure the person's license is valid.
The officer may claim that they made an observation of slurred speech or bloodshot, glassy eyes. When that is the case, the officer asks the driver to get out of the car to perform field sobriety tests. Usually, the officer starts with a physical test such as the one-leg stand or the nine-step walk and turn.
They may ask about verbal tests such as the ABCs or counting backward. The officer may let the person go subject to the results of the tests. They may place the person under arrest and at the police station, they ask the person if they are willing to submit to a chemical breath test.Consenting to a Search
For a full search of the vehicle during the stop, the driver must give consent to a search. However, when a person is placed under arrest and the car is in an unsafe place, it is towed. There is an exception to the work requirement under the inventory search exception where a police officer can search the person’s car if it is going to be towed.Implied Consent
Massachusetts has an implied consent law that states when a person chooses to drive; they impliedly consent to take a breath test. Driving is not a right but a privilege in Massachusetts. As a driver in Massachusetts, a person is impliedly consenting to take a breath test when an officer has reason to believe that the person is operating under the influence of alcohol.There is a greater penalty for a refusal to consent to the breath test because of the implied consent law. In a first offense OUI, if a person fails the breath test, they receive a 30-day suspension. However, if the person refuses to take the breath test, they have a six months license suspension.Rights During an OUI Stop
Contrary to what many believe, individuals do have certain rights during Dedham OUI stops. One of the most important things to remember is that at any point during a DUI stop, an individual can ask to speak with an attorney.
People have Miranda rights as well, but those rights are only required when the officer interrogates a person who is in custody. An officer is not required to read Miranda rights until the driver is in custody and the officer is asking questions that are likely to elicit inculpatory or negative details.
A person also has the right to refuse to take a field sobriety test. They have the right to remain silent and the right to refuse the breathalyzer test. However, there may be consequences for refusing testing. If an individual wants to know more about their rights during OUI stops, they should consult a knowledgeable attorney that could answer their questions.