Know Your Rights and Be Polite When Faced With A DUI

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Driving Under the Influence (DUI) is a serious matter. Being pulled over while driving under the influence is even less of a laughing matter, however, it happens to someone like you every day. You may have not even set out with the intent of having that one drink too many that puts you over the Legal limit of .08% Blood Alcohol Concentration (BAC) but now you find yourself with flashing red lights behind you. You are now facing the highly probable risks of being charged with DUI along with the fines, license suspension, and possibly even jail time. This will go on your driving record, your insurance will sky rocket, and you may be required to carry extra insurance on top of it all. You are already feeling great regret for having that one last drink. Then it really hits you, your job, you might well lose your job if you have a DUI conviction on your record.

When the realities of a DUI charge hit, they hit hard and it can be a scary thing for most people. If you work in the transportation field, social service field, or any work that requires you to take a company vehicle, a DUI can cost you more then your license; it can cost you your career. When a person is faced with these consequences and the reality sets in, the snowball effect of consequences can start and the worse case scenarios set in; losing license means losing job, losing job means losing home, losing home means losing family, and so on.

When stopped for a suspected DUI you may be requested to do a field sobriety test or asked to give a blood or breath sample for testing. Refusing can cost you additional penalties and even possible immediate jail time. There is a lot of debate, even amongst lawyers regarding if one should supply the arresting officer with a blood or breath sample. If it is your first offense, generally you are better off submitting to the officer’s request as you will most likely lose your license if you do not. Here are some other tips to keep in mind if you are ever faced with a possible DUI that can help you and your DUI lawyer if the case should proceed to court.

* Be polite when the officer approaches you. Give the officer the requested license, registration, and proof of insurance papers as requested. Remember officers are people too, if you are polite to them they will respond in kind.

* The first question an officer will ask you is if you know the reason why you were pulled over. Always answer “no” even if you have a good idea as to why. Anything and everything you say can be held against you at this point. Do not feed any unnecessary information that can be held against you. By answering yes or giving your best guess you could divulge information which will be used against you later.

* Do not engage in idle chitchat, keep all responses short, and direct in a polite fashion. If the officer asks if you have been drinking, simple respond with “I would rather not answer” and if the officer asks you to blow in their face you are not require to oblige. Idle chitchat can be used against you. The officer may try to engage you in conversation to document your lack of proper speech or slurred words. Remember, I would rather not answer does not admit guilt nor dispute it, it just gives you possible advantage if the case should go to court.

* Do not agree to a search of your vehicle. Do this in a polite manner if being ‘asked’ by the officer to perform a search.

* Field sobriety test are not mandatory. You may refuse to participate in them. Even on your best day, you may fail one. A field sobriety test is a technique, i.e. the finger to nose test, officers use to compile evidence against you to support the DUI prosecution. When asked, you may politely respond with I do not want to or I choose not to perform any field tests. Stick to your guns in a polite fashion, as officers will try to make you think it is in your best interest or a requirement. However, be aware that refusing to comply can be used as circumstantial evidence against you as it may indicate a “consciousness of guilt”.

* If you were asked and complied with the officer in submitting to a blood or breath sample, make sure you request another be done at the hospital at the time of arrest to be held for your own evidence.

* As soon as you are able, contact a lawyer who has a solid history in dealing with DUI cases.

Being pulled over for a DUI is scary and can cost you a lot more then a fine. Know your rights, be polite, and contact a DUI Lawyer if you are ever cited for a DUI.

 

 

 

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