Driving Under the Influence
The act of operating a motor vehicle after having consumed alcohol (ethanol) or other drugs (including over the counter medications), to the degree that mental and motor skills are impaired.
Know Your Rights:
• There must be legally sufficient facts to constitute “probable cause” to stop, detain and arrest you.
• You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
• Once arrested, you must be advised of your constitutional rights (the “Miranda Warning”) before any further questioning takes place.
• You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the “implied consent” advisement).
• If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
• If you are driving under the influence with a child in the car you can be charged with “child endangerment” which is a felony.
• It is illegal to have an open container of alcohol in your vehicle, or to drink while in a vehicle – even if the car is parked.
• It is illegal to operate a boat while under the influence of alcohol (or any other drug)
• Your car may be impounded for up to 90 days at your own expense, or even sold with the proceeds going to the city or county.