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Remember These Key Things To Fight A Possible DUI Case

11 November 2022 by Kenneth Pierce

You had a couple of drinks, left the bar, and for one reason or another, you are now being pulled over. You should never drink and drive but people make mistakes sometimes, especially when under the influence. If you are about to be interviewed by a police officer under suspicion of driving under the influence, it's important to remember the following tips before you open your mouth and say anything.

Your Right to Decline to Speak or Answer Certain Questions Begins Immediately, Even If You Are Not Under Arrest 

"The right to remain silent" is a Miranda right that is common knowledge for most people when it comes to someone getting arrested. But you should also know that you don't have to wait until you are actually under arrest to keep your mouth shut. This is not to say that you should be rude to the police in a way that will get you into more trouble, but you don't have to be super forthcoming with information while being questioned.

If you are asked where you were or how much you've had to drink, you don't have to volunteer this information. Refusing to ask certain questions will likely result in you getting detailed for more questioning or you might get arrested anyway, but the point is, you want to avoid giving the cops information that will help them build a case against you in court. 

You Don't Have to Take Those Roadside Tests Either

If a police officer thinks you are under the influence of alcohol, you might be expected to try some roadside tests like reciting certain words or walking in a straight line. But honestly, some people might find some of those tests difficult to be absolutely perfect at even when they truly are sober. Beyond balance or verbal tests, you may also be asked to breathe into a device to get a blood alcohol measurement. You have the right to decline to take all of these tests at the roadside. This will likely lead to you being taken in any way, but again, the idea is that you don't want to just give the police free evidence that they can use against you.

Your Right to an Attorney is the Most Important Right to Remember

When you get taken back to the drunk tank, you should be given an opportunity for a phone call. It is best in this situation to contact a DUI attorney instead of a family member. Let your attorney do the talking with the police instead of sitting for an interview by yourself. You might still face some consequences if you were in fact caught drinking and driving, but a good lawyer can help you mitigate the damage provided you haven't volunteered all kinds of incriminating evidence to the cops.

Consult a DUI attorney to learn more. 

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