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Officers must follow protocol during a traffic stop

On Behalf of | Nov 5, 2020 | Dwi |

You probably know that a DWI conviction could have lasting implications in your life. Being arrested on suspicion of a DWI or DWI with aggravating factors could be troublesome, too. Just an arrest can make its way to the media and start tarnishing your good name.

It’s a good idea to work with your attorney as soon as you can following a traffic stop and arrest. Your attorney will take steps to minimize the damage from the arrest and any subsequent charges. If you are charged, then your attorney can help you fight those charges by looking at the collected evidence and determining if the right legal processes were followed.

When an officer stops you, for example, there is a three-step process for the investigation. First, the officer has to find a reason to stop you, such as running a red light or swerving out of your lane.

Next, the officer will perform the person-to-person contact aspect. This is when they will talk to you and try to determine if they need to ask you to get out of the vehicle and perform field sobriety tests.

After this, there is a prearrest screening. This includes the Breathalyzer, blood or urine test. To ask you to perform these, the officer must have probable cause, such as smelling alcohol on your breath.

Your attorney will make sure that the officer followed these steps and had the right reason for stopping you to begin with. If not, then there may be a solid defense that can be used to protect you. Our website has more on what to do if you’re accused of a DWI in Wilmington.