Avoid Futher Incriminating Yourself During a DUI Stop
Any time that you are arrested (for any crime), the first thing you should do is contact an attorney. In cases of Driving Under the Influence (DUI), it is important to hire a DUI lawyer with experience. Speaking with an attorney first will help to ensure that you do not say things to the police that you shouldn’t once you are at the police station, but there are also things you can do during the arrest to help your case. This article explains what some of these things are.
During the arrest say as little as possible. Police officers at the scene will ask you things like how much have you had to drink, where you are coming from, and so on. It is important to know that you are not required to answer any of these questions. The only thing you need to do is identify yourself, provide a valid drivers license and registration, and prove that your vehicle is insured. Any additional information that you volunteer can and will come back in court so you need to protect yourself. Also note that the officers will be looking for other signs of intoxication – slurred speech, for example, so if you do decide to talk to the officers keep your answers short and to the point. Now is not the time to talk about the Yankee’s playoff chances. Never confess to drinking and driving without first speaking to an attorney, no matter how much you have had to drink.
If you are arrested and detained for DUI suspicion, it is important that you are polite to the officers. Becoming belligerent, cursing, or generally being difficult will significantly weaken any chances you have for getting the case thrown out. The police are only doing their job, they have no vendetta against you personally. You do not need to be over friendly, and should still limit what you say, but carry yourself in a respectful manner at all times. Even if you believe the charges are unfounded, you need to remain calm at this time. You will have your day in court to have your DUI lawyer present your case.
The officers may ask you to do certain things and it is important that you listen to the and do exactly as they say. The one exception to this rule of thumb is the field sobriety test, which is a common test that officers use to determine if an individual should be arrested. In most cases it is not advisable to take these tests. Even individuals that have not had a single drop of alcohol can have a hard time completing these tests given the stress associated with a traffic stop and knowing that your are being suspected of driving drunk. You have every legal right to refuse to complete these tests and it is generally a good idea to do so. However, blood, urine, and/or breath tests are the types of tests that you can also refuse to complete but generally should. In many cases, refusal to complete these tests is seen as an admission of guilt by the court. You are better off taking the test and letting your DUI attorney dispute their accuracy in court.
Remember that throughout the entire process of the traffic stop, detention, and questioning police are looking for evidence that you are intoxicated. Be aware of that fact and act accordingly. Be respectful, but keep your mouth shut for the most part until you speak with a DUI lawyer. This will give your lawyer the best chance to build a solid defense for you that might result in your case being dismissed or lesser penalties.
Colin Daives writes general information articles about a number of legal topics that range from personal injury to criminal law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more or for assistance with your case in the state of Colorado, contact Denver DUI lawyers or a Denver injury lawyer today.
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