Hopefully you’ve been smart enough to never drink before driving but sometimes we’ve allowed ourselves a drink or two at dinner that seemed quite innocent at the time; but now, with the lights of a patrol car piercing your rear view mirror, those drinks seem like a rash decision, to put it mildly. If you find yourself in this precarious situation there are a few things you must absolutely remember in order to avoid the pitfalls of a DUI charge. Try to remember the following should you be pulled over by an officer:
- First and foremost, remember your Constitutional right to remain silent. Police officers know that they need to build a case against you and they are not on your side. By asking you casual questions like “How much have you had to drink tonight?’ they are setting you up to incriminate yourself. Even answering that you haven’t had any drinks, if the evidence shows you lied, it will hurt you in court. Exercise your right to remain silent by not answering any questions beyond your name and address.
- Second, you are NOT legally obligated to perform any roadside sobriety tests. Politely refuse and respectfully explain that you are exercising your right to refuse. If an officer has gone so far as to ask you to get out of the car and perform these tests, he has likely made the decision to arrest you. The tests are just to build the case against you. These tests have no standardized “pass” or “fail” benchmarks so you are likely to fail regardless of your confidence in your abilities. Don’t make the mistake of building a case against yourself. You’re basically admitting guilt when performing field sobriety tests.
- Same goes for roadside breathalyzer tests. These tests are known to be notoriously inaccurate and there is in no way that the results will not hurt you. Again, politely and respectfully refuse. That being said, if you are arrested you are legally obligated to comply at the police station if asked to do so.
If you are ever arrested and charged with a DUI, you’ll need an experienced Greeley DUI lawyer to help guide you through the legal processes while avoiding the pitfalls. Call Peek Law Firm first at 970-352-8611.