April 28, 2006, Newsletter Issue #13: Drunk Driving & Law Enforcement

Tip of the Week

Have you ever wondered whether drunk driving law was subjective in its application? Beyond the fact that different states have different drunk driving laws, can a drunk driving charge differ based on the officer that pulls you over? Many studies show that it can. Keeping this in mind can help if you are ever charged with a DUI.

Police and other law enforcement officers are trained on how to recognize drunk driving. The previously mentioned studies, however, suggest that sometimes officers see what they are trained to see instead of what is really happening. For example, officers administering field sobriety exercises are trained on what to look for in a drunk person. However, the observations that they associate with drunk driving may be the result of something wholly different. This means that two officers administering the same exercises to the same person may come to entirely different conclusions based on their training.

Are you sure that the officer who pulled you over acted in line with your state’s drunk driving law? Consult with an attorney to make sure that you do not become the victim of an officer seeing what he expected instead of what really happened.

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