DUI-What to do when you been drinking and then get pulled over

When most people get pulled over for the first time on suspicion of operating while under the influence of alcohol, or DUI they have no idea what to do. As a result, their actions can really put them in a bad situation when they go to court. Law enforcement is now more aggressive than ever patrolling the streets, and looking for drivers suspicious of DUI. Obviously the best thing to be pulled over for a DUI or to have a designated driver. However, if you do find yourself in a vulnerable position, here are a few suggestions to best protect yourself in a DUI situation.

When you get pulled over for a DUI be kind, courteous and don’t say stupid things. It seems obvious, but I have seen so many people in DUI cases are rude or say stupid things. The officer will put all of your statements in his or her DUI report, so be careful. During a DUI investigation, follow the officer’s instructions, and hand over your license and registration upon request. This isn’t a time to start telling the officer about the people you know, or to yell at the officer. DUI laws are much tougher now. Telling the police officer that you know someone that is a policeman, elected official, or any other person you may think is influential or famous will do you no good for DUI cases. If you start yelling at the police officer, it will just lead to you being arrested quicker for DUI.

In DUI cases, refuse to take the field sobriety tests. I get the question of should I take the field sobriety tests quite often. Unless you absolutely sure that you can pass all the field sobriety tests, don’t take any field sobriety tests. It is your right not to take field sobriety tests, even though police officers don’t have to tell you that. Once again be courteous and tell the police officer “no thank you, I am all set, I don’t want to take any field sobriety tests”. If you refuse the field sobriety tests, there is a good chance that you will be arrested. However, if you don’t meet the officer’s expectations in the test you will be arrested  for DUI anyway. The prosecutor cannot mention that you refused to take the field sobriety tests at the DUI trial.

In a DUI case, don’t take a breathalyzer. It is becoming increasingly difficult to suppress the breathalyzer at a DUI trial. The breathalyzer is a strong piece of evidence at the DUI trial, and it is important that you don’t take the breathzlyer. If you refuse the breathalyzer your license will be suspended. The length of the suspension depends on your record for DUIs. If it is your first DUI, then your license will be suspended for 180 days. It is a long time to have your license suspended, but it is worth keeping out the breathalzyer. The prosecutor cannot mention that you refused to take a breathalyzer at a DUI trial.

Call a lawyer. Make sure the lawyer that you hire is a good DUI trial attorney. You want a DUI attorney who knows how to try cases, and is willing to try them. You don’t want an attorney to push you into pleading guilty to the charges just because the attorney is afraid of a DUI trial.

The law on OUI-http://www.lawlib.state.ma.us/drunk.html

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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  1. For a primer on how to get through DUI school with as little problems possible you can check out my blog.


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