It happens more frequently than you might expect. Someone has a couple of drinks, feels fine, and then gets behind the wheel. In other instances, the individual drank one or two too many and made a mistake. Both scenarios can result in the same allegation of driving while intoxicated. It affects a wide range of people. People from all areas of life have been charged with DWI, DUI, or drunk driving. The charge’s name probably isn’t essential, but how you handle the situation might significantly impact your current and long-term future.
Tip Number One
If you’re going out to drink, have a designated driver or a safe way home. Don’t drink & drive. Every day, hundreds of people do just that. You can’t completely comprehend the ramifications of a DUI conviction unless you’ve had one. Thousands of dollars in fines and penalties, several counseling sessions, the requirement for an Ignition Interlock Device, possible probation, and jail time are just a few of the consequences. These are the minimum conditions for a 1st time regular misdemeanor DUI conviction. If you have a higher BAC, have been arrested before, or are facing a felony charge, everything becomes much more severe and harsh.
Tip Number Two
There’s a delicate line between cooperation and self-defense. If you are stopped by an officer, especially late at night or early in the morning, the chances are good that you are driving drunk. The officer may approach your vehicle and question you. In reality, officers stop people for a variety of reasons, such as failing to signal or make a wide turn and ascertaining if they are driving under the influence. You can’t help what the officer notices. Do not lie to the cop. However, remember that you have constitutional rights.
Tip Number Three
Do not do Field Sobriety Tests. While you must provide the officer with your license, registration, and proof of insurance upon request, you are not required to perform any of the Field Sobriety Tests or blow into the Portable Breath Test equipment. The only reason the police want you to achieve those tests is that the officer may mark down everything you did incorrectly to prove if required, that you were impaired by alcohol at trial.
Officers cannot force you to perform these tests; doing so merely provides the officer with evidence to use against you; do not do it. The police may inform you that they are simply checking to see if you are fit to drive. Although in some cases some police officers might want to ensure your safety, in many instances, Field Sobriety Tests can be used to collect evidence against you. Even if you do comply and do the tests, there is a 99.9% chance you will be arrested regardless. At the very least, there is a distinct lack of information to utilize against you if charges are eventually filed.
Tip Number Four
You have a constitutional right to counsel; use it. When you are arrested, you have the constitutional right to consult with an attorney for counsel. Officers rarely, if ever, recite you your “Miranda Rights” once the handcuffs are placed on you, contrary to what you see on TV. Often, the police will wait until they have gathered all of the evidence and statements they require from you before informing you that you have the right to remain silent and the right to speak with an attorney.
Do not wait for the officer to inform you that you have the right to counsel. You do have the right to counsel if you are arrested. Because this is such a vital constitutional right, our legal system has stated that the case should be dismissed if it is breached.
Tip Number Five
Request that you be released to obtain an independent blood test. After a person is arrested for DUI and has had their blood or breath tested, the officer may inform the suspect that they have the right to an independent blood test. This is essentially a “Get Out of Jail Free” card.
Unfortunately, most individuals either don’t want to bother or don’t comprehend what it means. Essentially, the police have obtained evidence to use against you in a DUI prosecution, either a blood sample or your breath test results. On the other hand, you have the right to show your innocence – proof that the officer’s evidence is entirely false. It is not enough that you can retest the blood sample taken from you; you also have the right to your blood test, drawn by your phlebotomist and examined by your laboratory. This is known as the “Right to an Independent Examination.”
While most people might not get an independent test, the question is whether the police officer infringed on your right to such a test. You are not required to undergo an Independent Blood Test, but you should ask to be released so that you can have one.
Tip Number Six
Make up your version of a police report. All of the policemen involved in your arrest create police reports. It is intended to reinforce their memory of the experience if the case goes to trial. The officer may claim to recall everything that happened months ago when you were detained.
A lawsuit can take a few months, many months, or even years to reach trial. No one’s memory will be perfect after so much time has passed. As a result, when the officer refreshes his memories from his police report, he gains credibility when testifying. You, on the other hand, might forget important details or have a hard time recalling information, unless you also have a report. While everything that transpired during the incident is still fresh in your mind, it is a good idea to create your version of a police report.
Contact Our Asheville DUI Defense Lawyers
Contact an expert DUI Defense Attorney. Choosing the right DUI defense lawyer can often make or break your case. Our experts will work hard for you and are ready to assist you. Call us today at 828-759-5556.