December 19, 2015
When a driver is pulled over for a suspected DUI, it is not uncommon to see them make mistakes or do something that actually damages their case. Since DUI charges can be life-altering, it is important to be prepared. Whether the driver has been drinking or not, there are some things they should not do.
Do Not Start a Confrontation
Being pulled over by a police office is never fun or convenient, but losing patience or being difficult will not help the situation. A bad attitude can make the officer think the driver has something to hide. It can even escalate the situation to where additional charges are included. Be calm, be polite and avoid any aggressive words or actions.
Do Not Try to Cover the Smell of Alcohol
Do not attempt to chew gum or swill mouthwash before law enforcement reaches the car. The scent of these products are a red flag to police officers. Additionally, trace amounts of alcohol in mouthwash can result in a higher reading from a breathalyzer.
Be Careful When Asked the Question “Have You Been Drinking?”
Be careful when asked if you have been drinking. Often, those who have been pulled over after consuming alcoholic beverages feel that they should deny drinking. This can be used against you in court as it may show that you are hiding something and may exhibit a consciousness of guilt. On the other side, admitting to drinking may also be used against you in a potential extrapolation.
Do Not Keep Talking
Do not volunteer information or answer questions with lengthy explanations. This can lead to saying something that was not meant, or may not even be true. Additionally, over-talking can be viewed as a sign of alcohol or drug use and may be used to show potential slurring of words.
Do Not Incriminate Yourself
Do not get out of the vehicle unless ordered to do so. Remember that you have a Fifth Amendment right to remain silent and not incriminate yourself. You have the legal option to refuse to take part in any field sobriety exercises or breathalyzer testing. You can legally refuse both, but it may still lead to an arrest.
Do Not Wait to Hire Legal Help
If placed under arrest, contact an attorney as soon as possible. The earlier legal representation becomes involved, the sooner they will be able to begin gathering evidence to protect you. They can also counsel you against saying or doing something that can further complicate the situation.
Contact the Khonsari Law Group If You’ve Been Pulled Over For DUI
Even when the situation seems bleak, DUI attorneys can assist. Contact the Khonsari Law Group for a free consultation and case evaluation.