What to Do if You’re Arrested for a DUI
You go out to dinner with a few friends, share a few laughs, and have a couple drinks. Feeling fine, you drive home. Suddenly, you see the flashing lights of a police car in your rear view mirror. This can be a very frightening experience.
So, what do you do?
First, do not panic. Pull over calmly and safely as soon as possible. Be polite to the officer and cooperate. Think carefully about your words and actions and do not argue. Be as calm and pleasant as possible. Do not complain and do not touch the officer for any reason. You were likely pulled over because of some driving behavior the officer noticed. He has no evidence of drunk driving yet, so if you remain calm and polite you may be able to avoid a more problematic confrontation.
If asked if you have been drinking you can choose to admit to it. The officer can usually smell it and if you lie you will not be seen as credible. An officer will be more likely to believe you had one drink if you are upfront than if you lie or are belligerent about it. You may also choose not to answer. You have a right to not answer any questions. Tell the officer politely that you want to speak with an attorney first. Inform them that you are neither refusing nor agreeing to comply with tests or questions but are awaiting advice from your attorney. Most attorneys will advise you not to take a breath test because the results can be unreliable. The penalties for refusing are a lot more lenient than those for a drunken driving conviction.
The officer may decide to let you go or may arrest you. Getting arrested is a dehumanizing experience and highly traumatic. Not only are you faced with staying in jail until your bond is posted, but you have the added anxiety of having to get your vehicle out of impound and the possible legal ramifications. It is very important to retain an attorney who will be able to defend your case aggressively. A conviction of drunk driving can follow you for many years and severely affect your livelihood.
Find an attorney who has experience in driving under the influence cases and who is prepared to make as many pertinent challenges as possible. The goal is to weaken the case against you in order to get a reduction of charges or to get the case dismissed. Often there are procedures that were not followed correctly or tests that were administered improperly. Aggressively pursuing all possible avenues will increase your chances of not being adversely affected by a drunken driving arrest.
If you are arrested for driving under the influence it is important to first remain calm. Be polite to the arresting officer and cooperative. However, ask to speak with an attorney before making any statements or submitting to a breath test. Once arrested, you will be freed on bond. It is then important to find a highly skilled attorney to defend your case.
