“Have You Been Drinking?”: KNOW THE ANSWER
Routine traffic stop, pulled over, sobriety check point… what do you do if you have had a drink or two?
NOTE: Let us begin by saying that we do not advocate drinking and driving under any circumstances, but should you choose to have an alcoholic drink, know how to handle a traffic stop.
It is illegal to drink while driving, and it is illegal to drive while you are drunk – but the law permits you to drive after drinking alcohol as long as your blood alcohol concentration (BAC) is below .08% and you are not impaired in such a way that you are unable to drive safely.
So if you get pulled over after having a glass of wine and the police officer asks you if you’ve been drinking, don’t lie – if you’ve had a drink recently, say so. Police are trained to look for signs of alcohol use, so if you have been drinking at all, chances are the police will know it. The fact that you had a drink not too long ago may help to explain why you smell like alcohol, even if you aren’t impaired. Remember, it’s not illegal to have a drink and then drive if you are not impaired and you can drive safely. It’s only illegal to drive if you are intoxicated.
Additionally, it takes time for the body to metabolize alcohol, and the length of time varies from person to person. It is also dependent on things such as your height, weight, sex, and the amount of food in your stomach. This means that your BAC at the time you are stopped may be higher or lower than it is when you are tested (which is often not until at least an hour later). Letting the police know that you had a drink within the last 30-45 minutes will help to explain that your BAC at the time you are tested is probably higher than it was an hour ago when you were stopped, due to the body continuing to absorb alcohol.
Faced with such a stop, contact our offices at 610-945-9456. We can help.
Posted on December 23, 2013, in Uncategorized and tagged DUI, DUI Lawyer Montgomery County PA, geo:lat=40.2290075, Montgomery County Criminal Lawyer. Bookmark the permalink. Comments Off on “Have You Been Drinking?”: KNOW THE ANSWER.