Got Pulled Over, Cop Suspects a DUI - What do I Do?
Driving when drunk can be hazardous and can result in adverse consequences if the driver is caught. Driving under the influence of alcohol or drugs can result in increased premium insurances, significant fines and one may also lose the privileges of driving. Thus, avoiding it in the first place is always prudent.
Once an arrest has been made, there is not much the driver can do that can reverse the officer’s decision. A court hearing will usually be expected once the officer makes the arrest. However, the court decision may be affected by a number of things. These include the way the officer framed the paperwork based on the circumstances that led to the arrest. What prompted the officer to make the arrest also affects the court’s decision. It is therefore important to know some things to do and not to do once one has been caught driving under influence.
Never resist when getting arrested for driving under influence. A revocation form accompanied with the driving license will usually have to e forwarded after the arrest. In some cases, the arrest may not be valid and one may walk. Resisting will only add a valid reason to make the arrest. In fact, there is a 10-day period during which a hearing may be scheduled that may favor the supposedly drunk driver. The DMV is responsible for reviewing the revocation and one has an opportunity to make a defense that may result in the case withdrawal.
During the arrest, avoid withholding the driving license. This is because the license can always be gotten back once you sign a proof of financial responsibility. Alternatively, one can always get the license back at the end of the revocation period. The California driving license allows an offender to continue on the road for another 30 days when under suspension. During this period, one can follow the state procedures to get his or her full license privileges. Getting into a confrontation with the officers will therefore result in more harm then good.
Violence and damage to property is not unusual for DUI cases. The arresting officer may charge the offending driver with felony vandalism in case this happens. Thus, avoid violence, damage to property or any behavior that might be construed to felony vandalism.
What one says or does at the time of any arrest is usually used as further evidence or an offense in a court case. In DUI cases, it is important to remember this. In fact there are countless offenses that are often charged as a result of what was said or done at the time of the arrest. To avoid all of these problems, be friendly, conversational and cooperative with the officers. This will likely result in bfeing charged for DUI only.
Avoid making any threats to the arresting officer or using profanity. Trying to justify the reason for getting drunk will also do no good. In most cases, acting this way will give the officer further proof of your irresponsibility and the likelihood of getting booked is high.
Immediately one is arrested or about to be charged with DUI, it is prudent to contact a DUI lawyer immediately. Since they are conversant with the DUI laws better than most, they are more likely to argue out the case successfully. Their influence in court decisions is also well attested. It is therefore very important to know in advance what is expected when one is arrested for DUI.
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