DUI DOs and DON’Ts
DO: At The Scene
- Provide the police officer with your driver’s license, registration and insurance.
- Cooperate and be polite to the police officer.
- Refuse the portable breath test.
- Tell the police officer that you want to speak with a lawyer before answering any questions.
- Remain silent when asked any questions by the police officer that are not related to your name, driver’s license, registration or insurance.
- Pay attention and try and see what time the officer looks inside your mouth (if he/she does actually look inside your mouth), how many times he/she looks in your mouth, and whether you are ever left alone at any time.
- Take photographs of the scene and any other relevant items from the night in question.
- Tell the officer of any injuries or illnesses you have that would prevent you from doing the field sobriety tests.
- Pay attention to what the officer said and did so that you can tell your experienced DUI attorney what exactly happened.
- Make sure that the officer reads you the three admonitions (i.e. breath test, refusal, and right to remain silent).
DON’T: At The Scene
- Don’t drive if your driver’s license has been revoked, suspended or taken away.
- Don’t try to be funny, cute, difficult or argumentative with the officer.
- Don’t perform any of the field sobriety tests if you have been drinking or are on any drugs.
- Don’t roll your window all the way down and talk close to and/or right in the officer’s face if you have been drinking.
- Don’t answer any questions from the officer other than providing your name, driver’s license, registration and insurance. In the United States, you have the right to remain silent.
- Don’t have any open containers of alcohol in your vehicle at any time.
- Don’t speed, swerve, or have any equipment violations (e.g. headlights out, taillights out, etc.) or an officer will stop you.
- Don’t lean up against your car or hold on to your car if an officer pulls you out of your vehicle.
- Don’t assume you are guilty if you failed or did not perform well on any Field Sobriety Test.
- Don’t assume you are guilty simply because your breath test was greater than .08.
DO: After You Are Released
- Contact an experienced DUI attorney as soon as possible because there are many things that can be done to help your case.
- Write down everything that happened that night with regard to the stop, field sobriety tests, arrest, breath test, etc. as soon as you are released.
- Let your experienced DUI attorney know whether you burped, belched, regurgitated, vomited, etc. at any point in time after the officer looked inside your mouth.
- Hire an experienced DUI attorney as soon as possible because this is a serious offense. A DUI is generally a Class B misdemeanor (but can be a third-degree felony). A Class B misdemeanor can be up to 180 days in jail, thousands of dollars in fines, and loss of your driver’s license.
DON’T: After You Are Released
- Don’t assume you are guilty simply because you were arrested for DUI.
- Don’t be afraid to contact an experienced DUI attorney to help you with this difficult situation.
- Don’t talk to anyone about your case, except for an experienced DUI attorney.
- Don’t go to court without an experienced DUI attorney!
Talk To Your Attorney
The most important part of a DUI case is proper follow up by your attorney. It is important that you discuss your options with your lawyer, as this situation is serious and can severely impact your life. Ask your attorney about:
- Challenging the prosecution on reasonable suspicion for the traffic stop, probable cause for arrest, the breath test results, the blood test results and other items associated with your case
- The night in question, including whether the officer left you alone after looking in your mouth
- Medical conditions that could impair the results of your test, especially issues with your eyes, head, back neck, hips, knees or ankles
- Requesting a driver’s license hearing within 10 days of your arrest
- Providing witnesses on your behalf
- If you have a commercial driving license and the type of vehicle you were driving on the night in question
- Getting started on your case as soon as possible — including immediate discovery of police reports, witnesses, photos, dash cam videos, test results and more
- Your rights, constitutionally and in your jurisdiction
- Requesting a jury trial
Don’t take this matter lightly. Make sure you appear at all of your court dates and DLD hearings, and never fail to appear before any judge or administrative hearing officer. Most importantly, don’t give up — we are experienced DUI attorneys and we know how to fight to keep you out of jail. Get in touch with our office at (801) 475-8800 to discuss your options.