Avoid These Common DUI Arrest Mistakes
Posted on: 17 January 2023
Things can get a lot more serious if you do the wrong thing after a driving under the influence (DUI) arrest. Read on to find out how and why you should avoid some common DUI mistakes.
- You probably won't outrun law enforcement. Whether it's fear, intoxication, or other ill-advised notions, fleeing from law enforcement is a bad idea. Once you are found, you can be charged with enough additional extra crimes that it could escalate a DUI charge into a felony. You can also endanger yourself and others by not complying with a stop.
- Refusing to participate in DUI testing can mean severe penalties. You may be asked to undergo field sobriety testing and asked to blow into a portable breathalyzer. While you are within your rights to refuse to cooperate with these requests, it's not wise to do so.
- Failing to cooperate with law enforcement sobriety testing can increase your charges along with the penalties. You may lose your driver's license, for instance, for not cooperating even if you end up being found innocent of the DUI.
- Fighting won't help you. You may be angry at law enforcement for stopping you for what you feel is an unjustified reason. However, the place to work that issue out is in court. Be polite and compliant – you are not giving up any rights by doing so. Resisting, cussing, and more disturbing behavior can be used in your trial because everything is recorded.
- Pay attention to the Miranda Warning. It's your reminder not to talk to law enforcement. You are not required to speak about anything except your name and basic identifying information. You cannot get out of a DUI by talking and you could hurt your case if you say too much. Talk instead to a criminal defense attorney about your case once you are out on bail.
- Don't plead guilty. You will be asked to enter a plea, usually at the arraignment. At this point in the process, few defendants have lawyers since the meeting takes place soon after an arrest. Do as most defense attorneys advise their clients to do – plead not guilty. That plea is considered a preliminary plea and can be changed later if a plea bargain is in the works.
- Finally, don't assume you don't need a criminal defense attorney to represent you. DUI cases can be complex and technically difficult. You need an attorney who knows how to challenge the state's evidence and get your charges dropped or reduced. Speak to an attorney to find out more.
For more info, contact a local DUI defense lawyer.
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