What may have started out as a night on the town with friends, families, or colleagues could suddenly turn into a nightmare. There can be nothing as frightening as when you see the flashing lights of a squad car in your rearview mirror, especially if you have had a couple drinks before getting behind the wheel.
Drinking and driving is never condoned and in all events should be avoided. But if you choose to get behind the wheel after having a drink, you should keep the following tips in mind. Taking preventative measures can help protect your rights or even help you avoid a serious DUI conviction.
Do Select a Designated Driver
Before making plans to have drinks, you should always select a designated driver. If you can't convince a friend, relative, co-worker, or anyone else to drive for you, there are public services that can come to you and drive you home. Most are affordable or even free of charge. In the scheme of things, paying a few dollars to get you home safely and legally will be more affordable than a criminal conviction.
Do Remember to Assert Your Rights
If you have been pulled over or arrested, you must remember that you have rights and they will be your greatest asset. You have the right to remain silent and to retain legal counsel. To inform a police officer that you are aware of your rights, it is encouraged that you assert your rights vocally. Once you have asserted your rights, police cannot question, investigate, or search you further.
Do Take Record of Your Interaction with Police
Always tell the truth, be honest, and be respectful with the police. Lying or being disrespectful with the police could only end up hurting your case. Instead, take record of your interactions and take note of any eye witnesses who may hear or see anything. In some cases, a police officer may commit a violation in a search or arrest procedure, allowing any evidence against you to be thrown out in court.
Do Consent to a Breath Test
Most states require that all licensed drivers must adhere to the "Implied Consent" law. This means any licensed driver will be required to consent to a breath test when requested by a law enforcement official. Failure to take a test could lead a police officer to believe that you are implying guilt, could cause an arrest, or could result in a license suspension.
Don't Consent to a Search
Allowing a police officer to search your vehicle or your person will not help your case, but could potentially harm it. Any evidence that a police officer finds to use against you will be used against you or used to enhance your charges. Politely decline and assert your right to see a search warrant before allowing any officer into your car.
Don't Be Tempted to Speak with Anyone
It's natural to want to speak with officers to prove that you have nothing to hide. Anything, no matter how innocent or unassuming, you say to a police officer can – and will – be used against you. The last thing you want is to accidentally incriminate yourself by saying something to prove your innocence.
Don't Assume You Will Be Convicted of a Crime
Even if you fail a Breathalyzer test, even if you refuse a field sobriety test, even if you have been arrested multiple times, and even if your license has been revoked, every person is recognized as innocent in the sight of the law. Until proven guilty without a doubt, never assume that your arrest will automatically lead to a criminal conviction.
Don't Wait to Contact a Lawyer Immediately
After a DUI arrest, most states require that drivers must petition the Department of Motor Vehicles for an administrative hearing to prevent a license suspension. Though the deadline can be different for every state, some drivers will have less than 7 days to request a hearing. For this reason, it will be crucial to any DUI-related offense to contact a DUI attorney immediately after an arrest.
If you or someone you love has been charged with a DUI, contact a DUI attorney in your area for help. A legal professional who has experience in defending DUI or DWI can be your greatest asset as you seek protection and defense after an arrest.