Driving under the Influence (DUI) of alcohol or drug is a serious offense. The penalty for this offense is severe as well. Moreover, most of the US states maintain a zero tolerance law for DUI. For the first timer, the penalty is slightly lighter. You may get away with immediate license suspension and monetary fine if your blood alcohol content is 0.08. In case of higher BAC rate, the punishment will be harsher. You may even end up in jail.
The conviction depends upon the breath test and a field sobriety test the law enforcement officers ask you to take. However, if you should know that if a police officer stops your car for DUI, you are only required to give the breath test. You can refuse to the sobriety test. If you ask an experienced Orlando DUI lawyer, he/she will immediately advise you against taking the test.
The police will ask you to take an eye contact test, which is better known as Nystagmus. This test will require you to make eye contact without blinking. If you fail, you may be arrested for drunk driving. However, several reasons may render failure upon this test. If you are suffering from eye infection, you may fail to maintain the contact. Other than this windy weather, weak vision, artificial eye can make a person to blink several times while staring.
The walk and turn is another test, which will test your sobriety. This one will require you to walk in a straight imaginary line, taking small steps, keeping your arms at your sides. Slight falter while taking this test will solidify the case against you. However, an experienced Tempe DUI attorney will challenge this test, stating that bad weather condition, slippery surface of the road, tight footwear may cause you to fail.
One leg stand is another common sobriety test. You need to stand upon one leg while you keep the other leg raised and parallel to the ground and you will have to hold that position for thirty seconds. If you are over sixty years of age, overweight, or may be you have any medical disability, you may fail to successfully take this test.