5 Things NOT To Do If You Are Arrested For DUI
Being pulled over by a police officer is never an easy experience.
Regardless of the motive, it is stressful, especially if it is the first time. Being pulled over for DUI? Here are 5 things you should never do:
- Refuse to blow into the breathalyzer
- Forget to invoke your right to an attorney
- Talk more than you have to
- Refuse to cooperate, or
- Forget to call a lawyer.
If you do any of these things, it will ultimately play against you and increase the risk of you being found guilty of driving under the influence.
1) Refuse To Blow Into The Breathalyzer
A lot of people believe that it is a good idea to refuse to take a breathalyzer. It is important to know that a police officer has the right to require a breath sample if they have reasonable motives to believe that you are driving under the influence.
Even if you have not drunk for the last week, it is always better to cooperate and to take the breathalyzer when asked. Why? If you are below the legal limit (0.08), there will be no harm.
However, if you refuse to take a breathalyzer, the refusal itself will become a criminal offence. Being convicted for refusal to obey a police officer’s instruction does not require evidence of:
- consumption,
- impairment,
- blood alcohol reading, or
- operation of a motor vehicle.
Furthermore, being convicted for having refused to take a breathalyzer carries the same penalties as drinking under the influence (or even worse). The refusal will also be taken as evidence of impairment.
Once you refuse to take a breathalyzer, there is no going back: the offence is complete and therefore, you won’t have a second opportunity to comply with the police officer’s order. In other words, there is no upside to refusing to take a breathalyzer.
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2) Forget To Invoke Your Right To An Attorney
Suppose you are being detained for driving under the influence (other than a simple roadside interaction). In that case, the police officer will have the obligation to give you the opportunity to consult an attorney. The police officer will thus have to:
- tell you about the right to consult an attorney immediately once you are detained,
- provide you with a call to the attorney as soon as possible, and
- give you what you need to call a lawyer, namely a phone, a phonebook, privacy…
Failing to do so, the evidence collected until the moment you are granted the right to call your attorney might be impaired.
In order for breath samples to be used in a trial, the samples must have been taken in the two hours following the moment you drove. Hence, a call to an attorney will definitely eat up some of this time.
From the moment you say you want to call an attorney, the exhibits collected until the police officer allows you to call said attorney might be excluded.
Even if you do not have any legal questions, the right to an attorney is always the first thing you should do. It will allow you to know all of your rights before doing anything.
3) Talk More Than You Have To
Even if you were never arrested, you clearly know the infamous: “anything you say can and will be used against you”. It is always wiser to limit your interaction with a police officer, at least before your attorney arrives.
You will have to answer certain questions. For instance, you will have to identify yourself. However, the threshold is very low. Keep in mind that the blood concentration is one element only.
If your ability to drive is slightly impaired, you will be held liable. Many elements can demonstrate such impairment:
- slurred speech,
- belligerent attitude,
- incoherent (or confused) speech, or
- odor of alcohol on the breath.
Whenever you interact with a police officer, he will pay close attention to the way you speak in order to identify signs of impairment. Avoid small talk and arguments with an officer who could demonstrate such signs. Stay nice and only answer the questions asked.
4) Refuse To Cooperate
Most of the time, belligerence will be a sign of impairment. The judge will consider any attempts to delay or subvert the investigation as evidence of a guilty conscience. Hence, if you go too far, you could also be charged with obstruction of justice.
Anyway, it will never help you to be rude to a police officer. To put all the chances on your side, you should:
- follow the instructions,
- identify yourself, and
- be polite.
If you believe that some of your rights are being trampled on, you should bring it up with your lawyer when you invoke the right to an attorney. It will help you down the road. However, during the roadside interaction, it might be of little help.
Do what you have to do and, if the police officer is violating your rights or going above their powers, your attorney will take care of the situation with the opposing counsel or with the judge at trial.
5) Forget To Call A Lawyer
Lastly, whether you are guilty of DUI or not, it is never a good idea to represent yourself in front of the court. The lawyer will be able to give you all the necessary information about:
- your rights,
- the minimum sentencing guidelines, and
- the collateral consequences of a plea deal.
If you are contesting the charges, you should definitely find a lawyer specialized in DUI cases, given the technical aspects of DUI. Legislation is a highly technical area. You are not sure you can afford an attorney? There are plenty of options available.
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