DUI Enforcement and the Law: What You Need to Know

By |2018-08-14T16:15:16+00:00August 14th, 2018|DUI Defense|Comments Off on DUI Enforcement and the Law: What You Need to Know
Schnipper Law, P.C.

DUI Attorney AtlantaDUI lawyers see all sorts of DUI/DWI cases. They see cases that are justified, where a drunk driver is wantonly putting others in danger. But they also see many cases where the reality is a lot less cut-and-dry. And sometimes, they see cases that stem from unfair enforcement of the law and overly aggressive prosecutors.

The bottom line is that aggressive DUI enforcement happens all the time. It happens for a number of reasons, and it happens in a very broad context. Police deal with many motorists each day, and interactions are often guided by the context in which they happen. In fact, how law enforcement is approached and responded to sometimes even affects the final outcome of a DUI case.

The Work of DUI Enforcement

At DUI checkpoints and during suspected DUI traffic stops, police have a job to do: to keep the public safe by getting drunk drivers off the roadways.

A major problem that stems from this is that many law enforcement officers get impatient and frustrated with this type of work, and they’re not always able to approach DUI enforcement with the same levelheaded, logical mentality. Plus, not all law enforcement officers have the same professional acumen, which has a tendency to rear its ugly head at places like sobriety checkpoints.

The Law Enforcement Relationship

Time and time again, you see aggressive enforcement on random drivers. You see selective and unfair treatment and prosecution, starting with harassment and often ending in arrest. In many cases, it’s something that was said that opened the door to the adversarial relationship. Perhaps the driver and the law enforcement officer simply didn’t get along for one reason or another. Unfortunately, this can be enough to land someone in jail, with police pressuring them to take a breath test or submit to other types of demands that may not be strictly legally enforceable.

The Role of the DUI Lawyer

Most DUI attorneys will fight tirelessly to ensure that their clients are treated fairly. At Schnipper Law, we understand the value of DUI enforcement, but we also recognize that there are protocols that law enforcement officers must follow, including:

  • Questions that police have to ask drivers in the course of DUI enforcement
  • Limits as to how police conduct sobriety tests, search a vehicle or require a driver to exit the vehicle
  • Limitations on when and how a driver is detained

Help with a DUI Case

If you’ve been arrested for a DUI, turn to the legal team at Schnipper Law. We have an established track record of helping our clients fight the charges, and will work with you to help you understand your rights and responsibilities. [calltoaction]Contact us today for a free consultation by calling (404) 983-6051.[/calltoaction]