[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/protecting-roads-rights\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/protecting-roads-rights\/","headline":"Protecting our Roads AND Your Rights","name":"Protecting our Roads AND Your Rights","description":"Drunk driving laws were put in place to protect those traveling on our streets, roads and highways from the dangers of intoxicated drivers. The law also protects your rights \u2013 but how? Obviously, driving while heavily intoxicated\u00a0endangers other motorists. No matter how much legislation is passed or penalties increased, cases...","datePublished":"2014-10-08","dateModified":"2024-10-22","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/#Person","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2014\/10\/dui.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2014\/10\/dui.jpg","height":338,"width":507},"url":"https:\/\/www.phoenixlawteam.com\/blog\/protecting-roads-rights\/","about":["DUI"],"wordCount":651,"articleBody":"Drunk driving laws were put in place to protect those traveling on our streets, roads and highways from the dangers of intoxicated drivers. The law also protects your rights \u2013 but how? Obviously, driving while heavily intoxicated\u00a0endangers other motorists.No matter how much legislation is passed or penalties increased, cases exist in which a driver is accused of being over the limit and is facing charges for DUI. No one would recommend that you\u00a0drink and drive, but a driver may be illegally stopped by law enforcement and charged with DUI when no driving conduct could be attributed to intoxication.Injury or Fatal Accidents and DUI ChargesCases also occur in which an injury or fatal accident has occurred, and upon blood testing one driver is found to have been over the limit, and subsequently accused of a felony DUI, or in the most tragic cases, vehicular homicide. Those who are accused of DUI also have rights, including protections under the U.S. Constitution.As a general rule, you cannot be stopped (pulled over) without reasonable suspicion or probable cause of a crime. One exception exists to this general rule: a DUI checkpoint. These checkpoints must be managed strictly or they, too, are illegal. Profiling by race, gender or type of vehicle is prohibited. The law enforcement officers must pull over cars without profiling, such as every third car.Probable Cause for a DUI ArrestOnce you are pulled over, the police must gain \u201cprobable cause\u201d to arrest you. They will ask you questions such as, \u201cHave you been drinking?\u201d \u201cWhere have you been tonight?\u201d \u201cAre you leaving (bar, restaurant, club, concert, sporting event etc.)?\u201d These questions are so they can identify slurred speech or other signs of impairment. They look for bloodshot eyes, alcohol on the breath, open containers, slurred speech or other type of indication that you have consumed enough alcohol to be over the legal limit. In fact, you are not actually required to answer these questions. You are required to provide the officers with your name, address, driver\u2019s license and insurance documents.The next step police take to establish a sufficient level of probable cause for an arrest is to ask you to perform field sobriety tests. Once again \u2013 you are not legally required to comply. These tests are difficult at the best of times. For example, try standing on one foot for 30 seconds while completely sober and you will notice that unless you have excellent balance and coordination, it is difficult. The one leg stand, the walk and turn and the horizontal gaze nystagmus (light shined in your eyes) are the standardized tests developed by the National Highway Traffic Safety Administration. These tests must be administered exactly correctly for the outcome to be accurate. Even when correctly administered, the most accurate of the tests (the nystagmus) has been established as being only 77% correct in identifying an intoxicated driver.Were Your Rights Violated?Were you pulled over illegally? Were you tested incorrectly for DUI? Were you operating your vehicle safely, and within the strictures of the law? If you were\u00a0involved in an injury accident, what process was used to test your blood? What other factors were present that could have led to a false test result? These are all questions that should answered with the help of a skilled Phoenix DUI defense lawyer.The penalties imposed in a felony DUI case will be life-changing. Even a first time, misdemeanor DUI will have a long term impact upon your opportunities in the future. Do not take chances if your rights have been violated.Call the professionals at\u00a0Mushkatel, Gobbato, & Kile, P.L.L.C.\u00a0and speak with our\u00a0Phoenix DUI attorney\u00a0as soon as possible after your arrest. What you do now could make the difference between a jail term, loss of your license and fines and the ability to walk away without further repercussions."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Protecting our Roads AND Your Rights","item":"https:\/\/www.phoenixlawteam.com\/blog\/protecting-roads-rights\/#breadcrumbitem"}]}]