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Four Things NOT to Do If You Are Arrested for Drunk Driving

By Al Amer on July 8, 2014 - Comments off

Being arrested on suspicion of driving under the influence (DUI) can throw your life into chaos.  The system is confusing, especially for those who are facing it for the first time.  The arrest alone can result in the suspension of your driver’s license, even if you are not convicted in court.

The first thing you SHOULD do if you are arrested for DUI is to contact an experienced California DUI defense lawyer who will defend your legal rights and fight for the best possible outcome in your case. Alternatively, here are four things you SHOULD NOT do in the event of a DUI:

  • Don’t talk to the police about any details if you want to assert your constitutional rights, minimize any potential negative consequences and maintain any defenses you might have.
  • When you are arrested, you have the right to remain silent.  You do not have to talk to the police except to give them your name, and you should not do so.  Instead, tell them only that you want an attorney.  An attorney can help you ensure that you don’t accidentally say something that is later used against you in court.

  • Don’t despair.
  • If you failed a breath test or had an open container of alcohol in your vehicle, you might assume that your case is “open and closed.”  The fact is, very few DUI cases are this simple.  A good attorney will make sure that a complete picture of your case is presented, including any gaps in the police report.

  • Don’t skip the license hearing.
  • You have the right to a hearing to fight the suspension of your driver’s license if you request one within 10 days of your arrest, and you have the right to hire a lawyer to represent you at that hearing.  Don’t skip or miss this opportunity – your driver’s license is an important tool you need for work and to take care of your family. A skilled DUI lawyer can guide you through the process and ensure your side of the story is presented accurately.

  • Don’t believe everything you hear.
  • Your friends may try to give you advice based on their experiences or the experiences of people they know.  The police or prosecutor may tell you that you can’t win.  Remember that every DUI case is different.  Talk to your attorney about how the law applies in your case, not anyone else’s.

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Posted in: DUI Defense

 

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