Maybe you had a family party and had a beer or two and you’re driving back home. You find that you swerved slightly because you look at a text from your wife to see if you’re on your way back yet. Next thing you know you’re being pulled over by an officer. As he starts talking you can sense he’s meaning to charge with DUI or DWI. What do you do next? The last thing you want to do is deal with DUI charges for having a casual beer with your family. Do not fear, we have compiled a comprehensive step-by-step list you can take to exercise the most of your right to remain silent and protect yourself before you’re charged with DUI.
Pull Over Somewhere Safe
The officer is likely to take note of how you pull over. If you drive erratically, slow down too quickly, or you pulled over in a place that is unsafe, it’s just one more tick into the officer’s drunk/impaired report.
No Sudden or Suspicious Movements
Every officer is trained to be cautious and to protect themselves over anything else. To avoid any suspicious movement that could put you in a dangerous situation, keep your hands on the wheel.
The obvious reason to treat the officer respectfully is that you are far less likely to be arrested if he believes you are sincerely respectful. If you are rude, insincere, or hostile, the officer is much more likely to take offense, arrest you, and do everything possible to get you convicted, including writing a very incriminating police report.
You Have the Right to Remain Silent
Do not answer any potentially incriminating questions. If you do, do not lie.
In these kinds of situations, people are far more likely to incriminate themselves, especially if they are not telling the truth.
Refuse the Field Sobriety Test
You have no legal obligation to perform a field sobriety test. These subjective tests are just another tool at the officer’s disposal to collect more incriminating evidence.
Refuse the Breathalyzer
Hand-held breathalyzers can be quite unreliable, and there are various ways to skew its results. It’s likely that if you do refuse you will be arrested to take a test at the police station. Do not resist arrest.
Breathalyzer Test at the Police Station.
By law, you are obligated to take a chemical test at the police station. However, we recommend you take the breath tests as again, they are unreliable, therefore easy to fight in court.
Write Down Everything
Note down everything you can remember after you’ve been released. Things you can try to document are things like:
- What you were doing before you drove
- How much you had to drink and what you drank
- how long it was between drinking and driving
- The officer’s behavior during your arrest
- anything you said to the officer
- how you responded to the officer’s instructions
These are only things we think can help your case, however, you should write down everything you can think of, no matter if it may seem irrelevant.
Contact an Attorney
You need to hire an experienced DUI or DWI defense attorney who will be in your corner fighting for your rights.
Here at Utah Attorneys, we are dedicated to supplying support and legal advice to all our clients. Call our attorneys today to receive a consultation.