There are different elements of a DUI charge. One of these is an ‘’under the influence’’ element. This includes evidence that you were under the influence of either alcohol or drugs when driving.
Officers base this element on sobriety tests. The vital reason you need a lawyer, especially after undergoing field sobriety tests, is that the tests will affect your verdict. A DUI lawyer in Provo, Utah can effectively argue your case even with positive test results.
Here are the common types of sobriety tests you might be subjected to:
Field Sobriety Test
This is the first sobriety test you will be subjected to when the officer asks you to pull over. The basic tests include a walk and turn test, one-leg stand, and finger-to-nose and horizontal nystagmus tests. All these tests aim to evaluate your concentration and coordination abilities. Should you sway or fail any of the tests, the officer takes it as an indicator of probable intoxication.
Breath tests are used to detect any alcohol in your breath. There are two types of breath tests. The first one is a preliminary test conducted on the roadside using a Breathalyzer. The second test is done at the police station using a desktop device. If your BAC (blood alcohol concentration) reading is .08% or more, then you are legally considered under the influence.
Blood and Urine Tests
Urine and blood tests are conducted at a hospital. Your consent is usually required for these tests. Refusing the tests, however, can attract legal consequences. The blood test is more accurate compared to urine, as urine can be affected by time. These tests evaluate both drugs and alcohol.
Most prosecutors file two different charges for an ‘’under the influence’’ element. These are excess BAC and impairment by alcohol or drugs. By doing this, they maximize their odds of getting you convicted. A conviction might mean losing your license or getting a permanent criminal record.