Anyone who has ever been stopped by the police recognizes that awful sinking feeling that occurs when you see those flashing lights in your rear view mirror. As you find a safe spot to pull over on the side of the road, your mind may be racing, leaving you wondering why the police officer is pulling you over, or whether you are able to talk yourself out of this one. As the officer approaches your vehicle, you may begin to think about whether this will be a simple traffic stop or not. You may also wonder whether anything about you, your vehicle, or the way you were driving will flip that magic switch of “probable cause” that will turn your traffic stop into something that no one wants to experience – a DUI investigation.
Why do some traffic stops proceed seamlessly, with the driver being given a warning or a ticket and then being released back onto the roadway within minutes while other drivers are detained on the side of the road for what seems like an eternity, questioned endlessly about things that seem inconsequential, and asked to perform a battery of tests that the motorist does not know whether or not to refuse? It all comes down to whether or not the police officer develops probable cause to believe that some other crime (such as driving under the influence of alcohol) is being committed.
While a police officer is conducting a traffic stop, they make observations about the driver. Sometimes, there is something obvious that would lead the police officer to believe that the driver is under the influence of alcohol, such as an open beer can in the cup holder or a smell of alcohol so strong on the driver’s breath that the officer can smell it as soon as the driver rolls down the window. Sometimes, the observations that a police officer consider to be probable cause are less obvious. Things like watery eyes or slurred speech may indicate impairment due to alcohol consumption, or, they could be completely unrelated to alcohol consumption and caused by something like seasonal allergies or a speech impediment.
Kansas drivers should be aware that there are things other than physical observations which can give an officer probable cause to continue the traffic stop as a DUI investigation. One important thing to note is that officers routinely ask drivers whether they have had anything to drink, even if they have no suspicion that the driver has been drinking. If a driver admits to having had any amount of alcohol whatsoever, the officer may continue the traffic stop as a DUI investigation regardless of how little alcohol was consumed or how long ago it is reported to have been consumed. What you may not know is that you, as a driver, have the right to remain silent in response to an inquiry about whether you have consumed any alcohol. Simply and politely inform the officer that you wish to consult with your attorney before answering that question.
The knowledgeable Kansas DUI attorneys at Cummings & Cummings, LLC know that many more drivers are accused of driving under the influence of alcohol than are actually driving around while they are intoxicated. If you have been accused of driving under the influence, our dedicated team of Kansas DUI lawyers will work diligently to protect your rights and defend you against DUI charges. Contact us today at (316) 264-1548 to learn about your rights and options.