If you have been arrested for DUI, particularly if it is your first time, it can be a very frightening and puzzling time. What steps should you take first? Will you automatically lose your driver’s license? How can you make sure that you have the defense that you need? Whether you had only one drink or not, the results of a DUI charge can be the same and you should fight DUI if possible. Conversely, taking the right steps immediately after your arrest is important to your case and the outcome of your trial. Here are some tips on what to do should you be pulled over and arrested for suspected DUI:-
Find a safe place to pull-over
Keep in mind that, as soon as the police officer decides to pull you over for DUI, he/she starts making observations that he/she will include in the police report. This report can play a big role on the outcome of both your DMV hearing and your criminal trial. Making a mental note is one of the first things that a police officer does. If you drive unsteadily, slow down too fast, or pull-over in location that is not secure, the police officer notes it in the report.
Do not make any abrupt movements
The police are trained to be vigilant, and to protect themselves first. They always approach the car from behind in order to have a clear view, and therefore the driver would have to turn completely around in order to attack them or shoot them. Therefore, do not make any abrupt movements and keep your hands on the wheel.
Do not answer any potentially incriminating questions, and do not lie
The stress of getting pulled over is something officers count on. In this type of situation, people are much more likely to convict themselves. It’s not mandatory that you should give the police officer your name, driving license and registration. However, if he/she asks you if you have been drinking and you are concerned that you might convict yourself, simply say,” I am sorry officer, but I have been advised not to answer any questions.” Lying, however, is never an option. If you choose to answer a question, answer it truthfully.
Refuse a field soberness test
You’re under no legal obligation to perform a field soberness test. Sobriety test is one of the most effective tools at the police officer’s disposal for evidence collection against you. That is not because they are dependable indicators of drunkenness. To the contrary, the value of field sobriety tests is not that are completely subjective. It is entirely up to the police officer to determine whether you “pass.”
Refuse a hand held breathalyzer
Roadside breathalyzers also known as preliminary alcohol screening test are notoriously undependable, and there are several ways to twist the results. Take a chemical test once you arrived at the police station You are required by law to take a chemical test immediately you arrive at the police station. In most states, you can choose between a breath test or a blood test. Many DUI attorneys recommend that you take the breath test since they are less dependable, therefore their legitimacy can be more effectively argued in court.
Once you have been released, it’s advisable that you write down everything that you can remember about the night The more notes you write about your arrest, the easier it will be for your lawyer to argue the charges against you. Remember to include the following things in your notes:
· How much you had to drink
· What you were doing and where you were going before you got arrested
· How long after you were arrested
· What you said to the police officer
· How the police officer behaved, any instructions he/she gave you
· How long it had been since your drank and when you took the chemical test
· When and if you were read your Miranda rights
· Where you were pulled over
Note down everything that you can remember, even if it doesn’t appear to you as relevant.
Contact a lawyer
You both need and deserve a reliable DUI lawyer who will fight for your rights in a court of law. The most important thing that you can do for yourself is to look for an experienced lawyer who knows everything about DUI law. He/she is going to represent you in court and fight for your rights.