Being pulled over for suspected drunk driving is stressful and frightening. That surge of adrenaline alone can make people do things they shouldn’t do. If there is any alcohol in your system, that can further degrade the situation by making you more likely to do things that could damage your case. If you’re pulled over, you need to be respectful, calm and compliant. Taking any of the following actions could seriously damage your case beyond the help of even the most experienced DUI attorney.
Refusing the Breath Test
Chances are good that one of the roadside sobriety tests an officer will ask you to take is a breath test. These devices provide an estimate of your blood alcohol level by analyzing the amount of alcohol on your breath. They’re not 100% accurate, and they’re not actual Breathalyzer tests, but they are important tools. You have the right to refuse testing, but if you do, be aware that your refusal can be used against you in court. It actually makes you look guiltier.
Law enforcement will do whatever is possible to get around breath test refusal and attempt to get you to take the breath test. It is critical that your attorney is up-to-date with these issues and understands how to approach a DUI case where breath test refusal or issues with the Breathalyzer have occurred. I have the experience, skills and resources to effectively protect your rights — regardless of the level of complexity of your DUI case.
Being "Attitudinal"
No one enjoys being pulled over. It’s frightening and unnerving, even if you’re stone cold sober. However, don’t let those emotions get the best of you. If you’re belligerent, angry, or otherwise attitudinal with the officer, the chance of an arrest increases. If you’re compliant and calm in your actions and interactions, there’s actually a lower chance that the officer will make an arrest. Of course, if your BAC is over the legal limit, you’ll be arrested no matter how amenable you are, but there’s no need to muddy the waters with a bad attitude. It won’t help anything.
Being Uncooperative
Some drivers are under the impression that if they don’t cooperate with the officer, they have a chance to get off a DUI charge. That’s not the case at all. The less cooperative you are, the greater the chance the officer will make an arrest just on basic principle. Be cooperative. Take the field sobriety tests. Answer the questions that are asked of you. If the officer asks if you have been drinking, don’t deny it. You don’t have to give all the sordid details, but if he or she is asking, the officer has probably already smelled it on your breath or in your car. Denying it only makes matters worse.
Trying to Bargain
Bargaining does two things. First, it tells the officer that you’re definitely guilty. Second, it sets you up for some additional charges, including the potential for bribery. Never, ever, ever try to bargain with the officer.
Joking with the Officer
While being attitudinal or negative is a bad thing, it’s just as bad to be too jovial. This is another sign that you have had too much to drink It increases the chances that the officer will charge you with DUI and place you under arrest.
Not Hiring a DUI Attorney
Representing yourself in court is always a bad decision, but it’s almost as bad to hire the wrong attorney. You wouldn’t hire a criminal defense attorney to represent you in your divorce, so why would you hire anyone other than an expert DUI attorney to represent you after your arrest? A DUI attorney has the experience, expertise, and skills necessary to represent you in court.
Mr. Joshua Price is the most experienced DUI attorney in San Diego. He provides representation for all drivers charged with driving under the influence. Contact his office at (760) 613-5384? for a free initial consultation today.