Q: Can I be stopped and arrested for DWI even if the vehicle was not moving?
- A:It depends on the laws in your state. In some states, the law says that a person is guilty of drunk driving only when actually operating the vehicle. In other states, having the key in the ignition will satisfy the vehicle operation requirement if there was the ability to operate the vehicle.
Q: Do I have the right to talk to an attorney before I give a sample?
- A:That depends on the laws in your state. In some states, you don’t have the right to speak to an attorney before you take a breath, blood, or urine test. So, your right to an attorney doesn’t kick-in until after you’ve taken or refused to take one of those tests. In some states, though, you do have the right to an attorney before giving a breath, blood, or urine sample.
In either case, if you’re stopped for a suspected DUI, it can’t hurt to ask to talk to an attorney if you have any doubt about whether you’d pass one of these chemical tests.
Q: Do I have to give a blood or urine sample?
- A:It depends on the laws of your state, but generally the answer is “Yes, or else.”
In most states, if you refuse to give a blood or urine test (or a breath test), your driver’s license will be suspended automatically for anywhere from 90 days to one year. And, you can still be tried for driving while impaired. Even if you’re found “not guilty” after trial, the suspension usually remains in effect.
Q: Do I have to submit to a field sobriety test?
- A:Field sobriety tests are used by an officer to help determine if, in his