Many of our clients mistakenly believe that a DUI charge is based on their admission of having been drinking. Although their admissions contribute to a huge part of prosecution, a person may still be charged with a DUI, even when they have chosen to remain silent.
When an officer first chooses to have you pull over, he must have a reasonable cause for doing so. A majority of the time it is because the driver has committed a traffic violation. This can be anything from speeding, to and illegal U-turn. Regardless of the offense, it gives the officer grounds to pull you over.
In some situations, the driver may already be pulled over. For example, he may have started driving and felt that he was impaired so he has pulled over. Or there may be car trouble or an accident that has caused the driver to stop on the street or the highway. When a driver is already pulled over, the officer will conduct what is known as a welfare check. The driver does not have to have violated the traffic code, or committed any other offense for the officer to come check up on the driver.