With the Winter Holidays coming up, a lot of my clients have been asking me questions about Driving Under the Influence. Here are the three most common questions & answers:
QUESTION #1: If I get pulled over, should I tell the Police when I have been drinking alcohol or I know I might be DUI?
Never talk to the police without an attorney. You are guaranteed a Constitutional right to silence when asked questions by the police. USE THAT RIGHT! Asking for an attorney will force the police to stop any questioning, and even if they ask you something after you have asked for your attorney, that information will be suppressed and will not available for the State to use against you at trial. This is especially important for DUI cases and Drug cases. Once you admit you had a few drinks, you can assume the police, and ultimately a jury, will hear this and assume a few means a lot. In many jurisdictions, everything you say is being recorded by the microphone on the police officers shirt and there is a camera on his dashboard videotaping you. Always assume you are on stage and act accordingly. Especially in drunk/drug driving cases.
QUESTION #2: Should I take the Breath Test when I get Pulled Over for a DUI?
That depends… by not taking the breath test your license to drive can be suspended for ONE year, but if you have a prior refusal, then your license can be suspended for ONE AND A HALF YEARS and this in and of itself is a crime (misdemeanor). However, even if your license is suspended, you may be able to get a business purposes license if you do not have any prior DUI convictions. A business purposes only license would entitle you to go everywhere but the beach and the bars. BUT, by taking the breath test and failing it, that is a .08% breath alcohol or greater, then your license is suspended anyway, PLUS the State now has really good evidence that they WILL use against you to prove that you were driving drunk driving. So, if you think that you might blow over the .08 percent of alcohol limit, and you have no prior DUI’s, perhaps it might be better not to take the breath test.
QUESTION #3: Should I do the physical exercises if I am stopped for a DUI?
First ask yourself this question: “Did I know how to dance before I practiced?” These exercises are not for everyone. But, if you are good at Olympic sports, snowboarding, surfing, blind dancing, and can find your way in the dark with your eyes closed, then try these exercises. Like anything else in life, practice makes perfect; but, when it comes to the DUI field sobriety tests, there really is no way to practice. The point is, these test are very difficult for a sober person who has practiced, so you will probably fail them no matter what. Of course its best not to drink and drive at all, but if you do find yourself getting arrested or a ticket for DUI, please call us for a free consultation.
If you need us, we are here 24/7. Please call us at (954) 967-9888 or email us at Jason@TrafficTicketTeam.com, www.TrafficTicketTeam.com