Tips to Avoid a DUI After Being Pulled Over

 Posted on September 26, 2018 in DUI

You have had a couple of drinks with dinner and are sure you are safe to drive home. However, the police seem to think otherwise and the next thing you know, you have their squad car lights flashing in your rear-view mirror. How are you going to talk your way out of this one possibly? Here are a few practices that have helped others avoid a DUI charge during a police traffic stop:

Use Your Right to Remain Silent

You have the right to remain silent, so use it. Too many times clients have tried to talk their way out of trouble, only to make it worse. Police know that if they pressure you to speak, you will often give them more evidence than you intend, which is why they keep the conversation going. Your silence will not be used against you. Politely say that you choose to use your right to remain silent and provide them with their requested documentation.

Refuse the Field Sobriety Test

Unlike a breathalyzer, there is no legal penalty for refusing to cooperate with the field sobriety test. These are the “walk-and-turn” tests, “one-leg stand” test, and any other similar testing. Submitting to these examinations are entirely optional, and often give officers the most evidence against a drunk driver, aside from the breathalyzer. If you do refuse, you will likely still be arrested for DUI, although police arrest most people who do choose to submit to the FST due to the results; however, it is not providing them with unnecessary additional evidence.

Take Notes on Everything

Details are important and can make or break a case. Unfortunately, under the pressure of a traffic stop, whipping out a pen and paper is often the last thing on a driver’s mind. However, as soon as possible, make a note of the time and date of the traffic stop, the officer’s name, any witnesses, the weather conditions, and the attitude of the officer.

Retain an Attorney

Contact a DuPage County DUI defense attorney as soon as possible. Many issues surrounding DUI cases are time-sensitive, and an experienced attorney can quickly build a successful defense to protect your rights. The attorneys at Davi Law Group are former criminal prosecutors, and therefore have a unique perspective of the criminal justice system. This information and experience give our clients the upper hand in their case. Call our office today at 630-580-6373 to find out how we can help reduce or dismiss your charges.

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Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501