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Home » Blog » 10 Tips That Come in Handy When Dealing with a DUI Charge
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10 Tips That Come in Handy When Dealing with a DUI Charge

By Legal Desire 11 Min Read
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A DUI charge is an offense when someone is found driving under the influence. Even if you are not a part of a road accident, if a police officer finds you driving under the influence, it can have some serious consequences. First of all, it is our duty as responsible citizens to refrain from driving any vehicle after drinking alcohol or using drugs as it can pose some serious threats to our life and the life of everyone else. However, humans are not perfect, and most of us make this mistake. If you are charged with a DUI, here are 10 tips and tricks that will come in handy to make sure that you don’t make the process any harder than it should be.

Contents
1.    Cooperate With the Officer2.    You Don’t Have To Take a Field Sobriety Test3.    Don’t take the Breathalyzer4.    Never Resist Arrest5.    Take the Implied Consent Test6.    Get an Independent Blood Test7.    Hire an Attorney As Soon As Possible8.    Write Down Everything That Happened in the Past 24 Hours9.    Maintain a Good Behavior after Bail10.                    Complete Your PunishmentThe Bottom Line

1.    Cooperate With the Officer

The first thing you should do is to make sure that you don’t get into any more trouble than you are already facing. Most of the times, people start arguing with the officer that they aren’t under the influence or they were adhering to the speed limit. If and when you are caught, all of this doesn’t matter. If the officer has found you intoxicated, an officer’s testament will always be given priority in the court. It can be very hard to control your anger or emotions when you are drunk, but make sure that you should do your best and comply with the police officer as your behavior matters a lot. You should remain as silent as possible, and you are only required to disclose your name and address.

2.    You Don’t Have To Take a Field Sobriety Test

It is not common knowledge, but the field sobriety test that is offered by the police officers are 100% voluntary. You can’t be forced to take one as most of these equipments are faulty and designed to fail. These tests don’t take the body mass index into account, and their results can’t be trusted. On top of that, the officers who are taking these test aren’t fully capable or trained to administer it on a person.

3.    Don’t take the Breathalyzer

In most parts around the USA, police officers carry around a portable breathalyzer with them. These devices should never be trusted as the number of non-approved breathalyzers in several states is staggering. If you take a breathalyzer test, and it comes out to be positive, the police officer can testify against you in the court of law. The prosecutor will try to use the officer’s testament against you and increase your sentence. If an officer asks you to blow into a breathalyzer, simply decline as it is totally optional and up to you if you want to do it voluntarily. However, you must make sure that you are doing it in a polite way.

4.    Never Resist Arrest

Remember that from the moment an officer asks you to step out of your vehicle, your behavior is under examination, and it can be used against you or in your favor in the court of law. If you act decent and don’t make any trouble for the police officer, your case might be dealt with some leniency. However, if you disturb others and cause any troubles for the police officer by resisting arrest, it can be another criminal charge against you. I know it can be very difficult to keep your wits about if you are under the influence of alcohol or drugs, but you should do your best not to create a scene and act calmly and with composure.

5.    Take the Implied Consent Test

As soon as you are arrested, the officer will ask you to perform an implied consent test depending on your state’s law. It can either be in the form of a breath test or a blood test, and it is completely different from a field sobriety test or a portable breathalyzer. I always prefer my clients to opt for the breath test as its validity can be disproved in court. On the other hand, if you give a blood sample, it is stored in a tube, which can be used later on in the court. You must always take this test and failing or resisting to do so can have bad consequences such as termination of your driving license for a full year.

6.    Get an Independent Blood Test

In most states, it is a requirement by law that the police officer asks the suspect if he wants to take an independent blood test after he has gathered his own evidence. Someone who doesn’t know much about DUI charges doesn’t bother doing it, and they lose a very good opportunity to make their case stronger. An independent blood test is typically a get out of jail free card as the officer will allow you to visit the nearest hospital and get your blood tested. If you are actually drunk, the test won’t contain any miraculous information for you. But, if the officer doesn’t allow you to take the test or forgets to tell you, it can be a piece of very good evidence to use as he suppressed your basic right.

7.    Hire an Attorney As Soon As Possible

If it is the first time you are getting arrested, the whole scenario can be a bit over whelming for you. Police officers and prosecutors are known for squeezing information out of those charged with DUI. Having an attorney is the right of every person, and you should keep asking the officials when you can contact your attorney. You should look for attorneys that know all the local laws and dealing with DUI charges is their specialty. Having someone like San Diego DUI Defense Lawyer will give you the peace of mind that your case will be held with great care.

8.    Write Down Everything That Happened in the Past 24 Hours

The most important tip that comes in very handy is remembering and writing down everything that happened since and before your arrest. You should write the name of the officer that arrested you or the name of someone who can testify that you were sober at the time of your arrest. If you spend some time in jail, you should not talk to anyone about your arrest as the cell can be tapped. The only call you should make is to your lawyer and no one else. If you admit to your crime to anyone after the arrest, it can be used as potential evidence against you in the court of law. Write down the conditions of the road you were driving and the weather conditions. Give all of this information to your lawyer as he can use it to create a better case for you.

9.    Maintain a Good Behavior after Bail

After you have made bail, you should stay away from any activities that might land you into more trouble. As long as your DUI case is pending, any new arrest will be a huge blow for your existing one. If it happens, your bail might be revoked altogether, or you might have to wear special gear. Most judges will punish you by asking you to wear alcohol interlock devices which can be very painful. If your DUI case doesn’t involve an accident, a good lawyer will be able to reduce the punishment and charges down to a minimum. So, to make sure that you don’t go through any more suffering than you already are, stay out of trouble.

10.                    Complete Your Punishment

If you are charged with a DUI, and you appear in front of the case, you will receive some sort of punishment. DUI is regarded as a very severe crime in almost all states, and you have to pay the consequence. Where your lawyer will be able to reduce the punishment and the fine to a minimum, you will have to complete some community service or court referral programs. Make sure that you serve all of this with patience so that your progress can be reported back to the judge. You should also pay any fines as soon as possible so that you don’t get into any trouble.

The Bottom Line

Getting a DUI is a very serious charge as it stays on your record for several years or the rest of your life. It disrupts your whole future as employers and universities take it into account before making a decision. The greatest tip of all when it comes to DUI is not getting one in the first place. You should act maturely and responsible and never drive after drinking or taking drugs. However, if you are going through the unfortunate experience of being caught, you don’t have to make it any more antagonizing by resisting your arrest. Just know your rights and politely let the officer arrest you. If you are actually innocent, you should not be worried about anything as your lawyer will be able to let you off without much trouble.

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Legal Desire January 27, 2020
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