Facing DUI charges can be a scary thing. If you have no idea of how to act, the situation could even get worse for you. It is essential to be well equipped with the knowledge of how you are to act when stopped for a DUI check. Here are some do’s and don’ts to have in mind.
- Always remain silent. The constitution allows you to remain silent. You are not required to answer any questions except identifying yourself. If anything, avoid answering any other question apart from your name.
- Have your documents ready. When facing DUI charges, have your registration, driver’s license, and insurance information ready at any given time. This will show the officer that you have all the documentation to allow you to drive.
- You have the right to refuse field tests. No matter what the police says to you, you are not required to undergo any roadside Breathalyzer tests. Politely decline the test. If the officer wants you to take a test, most likely than not, they have determined that you are already guilty, so the results may end up hurting you.
- Cooperate with the officers. Even when you decide to remain silent or refuse to take a test, always be polite and cooperate with the police when they pull you over. The Fourth Amendment requires the police to pull you over if they have reasonable cause for doing so.
- Hire an attorney. When arrested for DUI, the best defense approach is to hire an attorney to fight for your rights. Attorneys usually protect their clients and ensure their rights are not infringed upon.
- Do not resist arrest. Even when you believe you are not at fault. If you decide to resist when being arrested, you may end up facing additional charges.
- Do not allow the officer to listen to your phone conversation when speaking to your DUI attorney. You need to know that the conversations between you and your lawyer are always protected by attorney-client privilege.
- Do not provide the officer with any other kind of information except your address and name. You can only do that in the presence of your attorney and with their approval.
- Do not say a word if you are instructed by your attorney to remain silent. The attorney should do the talking for you, and no matter how much you are eager to speak, it is safer to be silent.
- Never argue with the police. One of the mistakes people facing DUI charges make is addressing the police in a disrespectful manner, acting belligerent, or questioning what the police says. It is important to remain courteous and calm throughout the process.
If you are arrested, you should invoke your right to be silent and do not answer any incrementing questions. Anything you say may be used against you by the prosecution. Remain calm and do not forget that it’s in your interest to call an attorney as this is your best defense strategy.