Pulled Over For DUI?

 

Have you been pulled over for DUI?  It is an unfortunate occurrence that more and more people are subjected to.  It could have resulted from a random assessment at a roadside sobriety checkpoint.  Alternatively, you possibly could have been pulled over by a law enforcement claiming probable cause from some facet of your driving.

The first stage of being pulled over is the initial contact with the officer.  In most instances this will simply involve the police office approaching your car to initiate conversation.  However, should you be driving a car reported stolen or otherwise raise the officer's concern you could be the subject of a felony stop.  Suffice to say, this is not as pleasant as remaining seated in your car initially conversing with the officer.

Every instance is unique and requires finding a DUI lawyer to give specific advice based upon your fact pattern and prior history.  However, most lawyers with DUI experience advise to adhere to the age old adage of keeping your mouth shut.  Almost invariably, anything you say will just end up being used against you making your situation worse.  The less you say upon the initial contact equates to the better chances you have of attaining a positive resolution. 

Upon suspecting that you are under the influence, the officer will most likely request that you perform field sobreity tests.  Again, there is no one size fits all advice in any field of law.  However, many DUI lawyers agree that one should decline to take these field sobriety tests.  Their outcome is often a foregone conclusion with their administration just a formality.

More complex is the decision whether to comply with breath or blood test requests.  In some instances, the penalties associated with refusing are less severe than the potential ramifications of bolstering the prosecution's case with chemical evidence.  No advice fits all situations, but many lawyers advise that if you are confident you are under the legal limit you should elect the more accurate blood test. 

Refusal to take a chemical test does have an advantage.  Depriving the prosecution of hard evidence sets up a better DUI defense in court.  However, in almost all jurisdictions it results of suspension of your drivers license.  The best defense is obviously not to drink and drive.  However, if you find yourself in this predicament of being pulled over for DUI you should follow the above simple tips.