Auburn DUI for Out of State Drivers
Plenty of tourists travel to Auburn every weekend of the year, both as prospective students and to support collegiate athletics. Between catching up with friends, good food, and alcohol. It is easy under those circumstances to over-indulge. And therefore easier to be charged with an Auburn DUI for out of state drivers.
If you were charged with driving under the influence while visiting Auburn from out of state, your case may be heard in Alabama instead of your home state, which means retaining a local lawyer may be critical to your hopes of a positive outcome. In such a scenario, an experienced DUI lawyer could handle your charge while you return home.
Mobile sobriety checkpoints, which are traffic stops where police temporarily detain each driver that passes through to determine whether any show signs of being under the influence of drugs or alcohol, are legal in Alabama. Based on what a police officer observes while the driver is stopped, the officer can request that the driver submits to field sobriety tests (FSTs). They could be charged with an Auburn DUI for out of state drivers.
The scent of alcohol, open alcohol containers in the vehicle, and elements of the driver’s speech or appearance may trigger an officer to request FSTs during a mobile checkpoint. Although mobile checkpoints are not designed to target any specific person, the locations chosen are selected to be in the most effective place to deter DUI. During a big game weekend, for example, it would not be uncommon for a mobile checkpoint to be around tailgating locations.
The legal doctrine of probable cause requires a police officer to have a reasonable suspicion of a crime or illegal act before they can stop a driver for any reason, including driving under the influence. Simply attending a game, tailgating, going to a local bar, or attending a party where drinking is likely to occur in Auburn does not constitute probable cause for a police officer to stop a driver for driving under the influence. This is something that an individual charged with an Auburn DUI for out of state drivers should know, even if they do not live here.
To establish reasonable suspicion or probable cause, a police officer must be able to explicitly state the basis for which the driver is stopped. An inarticulable reason, a gut suspicion, or any other undefinable belief is insufficient to establish reasonable suspicion. However, a driver leaving an area filled with bars and veering into another lane or into oncoming traffic is likely to constitute probable cause.
It should be noted that mobile DUI checkpoints are an exception to this doctrine. At these checkpoints, the need for probable cause is waived.
Under the state’s implied consent laws, all drivers in Auburn—including those charged with an Auburn DUI for out of state drivers—are required to submit to a chemical test after being arrested for driving under the influence to determine the driver’s blood alcohol content (BAC). If the driver is a resident of another state, refusing to submit to a chemical test will result in the driver’s privileges to drive in Alabama being suspended.
Any time a driver’s driving privileges in Alabama are suspended, that is communicated to the state that issued the driver’s license of the suspension. As a general proposition, the issuing state will often suspend the driver’s license after the incident as well.
Talk to an Auburn DUI Attorney Today
If you have been charged with an Auburn DUI for out of state drivers, do not ignore the charge or assume dealing with it will be simpler than it is. Contact an Auburn DUI attorney who may assist you and ensure that your rights and interests are protected.