Basically, a person with any amount of alcohol in their system is a candidate for a drunk driving citation and if there is an accident, would be 100% at fault and responsible no matter who caused it. No one is protected from being labeled a drunken driver. And, no matter how little you drink, the possibility of being stopped and arrested, even convicted of drunk driving is high. The blood alcohol legal standard level (BAC) is 0.08%. Depending on the size of a person this level could be reached after one drink or several.
A couple glasses of wine, a beer or two or one martini at a wedding, a football game, a birthday party, or a restaurant can get anyone into a DUI nightmare and be in need of a criminal defense attorney. If the choice has been made that the person driving is OK then precautions should be taken so as to not be stopped by law enforcement.
You can only be pulled over for a probably cause such as a traffic violation, a defect in your car’s safety equipment, erratic driving, speeding, failing to use signals, rolling through a stop sign, license plate not showing with proper registration sticker, or having any burned out lights. Basically, law enforcement is always looking for a reason to pull someone over and if you have even had one drink , there could be trouble. In fact, with the new technology, police can read a plate number and if you have any unpaid tickets, etc., you will be pulled over.
On nights that are holidays, concerts in your area, proms, homecomings, festivals, sports events, etc, expect that law enforcement will be doubled up and on the prowl. Stay with traffic, be cautious, but not overly as driving below the speed limit raises a red flag as well. The obvious Friday and Saturday nights, there should be an expectation of police in the areas of bars, nightclubs and casinos.
No matter what, things happen to the best, most prepared people. It’s almost impossible for the average person to drive a mile or two without violating some laws. A tail light could go out while driving, and there is the excuse the police need to flash their lights. As a criminal defense attorney in Ohio, the best thing for anyone to do if they are pulled over, regardless if they have had one drink or three is the following:
- Pull to the side, safely and slowly.
- Grab your registration and insurance card and have it ready to give to the cop.
- Keep your hands where the cop can see them – it will make him more comfortable and feel safe as well as showing your control.
- Be polite, but remain silent. Do not answer any questions; the best people incriminate themselves easily.
- Admit to nothing. You will be asked if you have been drinking. Say nothing; you are not obligated to answer.
- Don’t perform any tests
- Do not let the officer search your vehicle, bags or you.
- Call the best criminal defense attorney in Ohio.
The Bottom Line: Everybody makes mistakes and most people believe they are just fine to get behind the wheel after only a drink or two. Take the best precautions if you should make that decision so that you are not pulled over. If you are driving and notice law enforcement behind you, relax, put on your signal and pull into a parking lot and wait until he passes. It’s too easy to violate traffic laws. If you are pulled over, call me immediately. 513-260-2099