My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
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3 Steps To Take If You Get Pulled Over For Driving Under The Influence (DUI)
Douglas Thompson
For a police officer to pull you over for a suspected DUI, they must have noted something that shows you might be drunk or impaired. Some signs of driving under the influence include weaving across lanes, braking abruptly, tailgating, and driving above the speed limit. When you get charged with a DUI, the police records can worsen your case and lead to a conviction. Therefore, if you want to fight the charge and avoid harsh penalties, follow the tips below once you get pulled over.
Do Not Incriminate Yourself
Once an officer pulls you over, they will ask a few questions to determine whether you are driving under the influence. Some of these questions are:
- Have you been drinking alcohol or using drugs?
- How many drinks have you had?
The law only requires you to identify yourself and provide proof of identity, insurance information, and car license and registration. You don't have to answer questions about whether you have been drinking. Answering these questions may cause you to incriminate yourself. Furthermore, whether you answer or not won't affect your DUI case. Therefore, refuse to answer questions that may be used against you in court.
Decide Whether to Take a Field Sobriety Test
You are not legally required to agree to field sobriety tests and breathalyzer tests. These tests can be inaccurate due to the following factors:
- Individual health: Health issues such as injury, physical disability, eye disease, pregnancy, and medication can affect the results of a field sobriety test or hand-held breathalyzer test.
- Clothing: Tight clothes, high heels, and flip-flops can affect your movements or hinder balance, causing you to fail a field sobriety test.
- Inclement weather: Rain, wind, and snow can affect visibility and balance during a field sobriety test.
Refusing to take a field sobriety test or breathalyzer test automatically gets your license suspended. However, since there are no DUI results to charge you with, your lawyer can fight to discredit the officer's observations and testimony. If you do take the tests, your attorney can still dispute the accuracy of the results based on the above factors.
Note the Details of Your Arrest
The details of your DUI arrest can make or break your case. If there are illegalities in how the officer pulled you over, you can use them to discredit their statement and get out of the DUI charge. For example, in states where the law requires officers to give the Miranda warning, failure to do so can benefit your case. Also, if the officer had no probable cause to stop you, they cannot charge you for DUI. Note the officer's demeanor, including any behavior that may appear as bias-based profiling.
A DUI is a felony charge that can lead to harsh penalties, such as imprisonment. Therefore, if you have been charged with DUI, contact a felony attorney for legal help.
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