In a perfect legal world, a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge would happen only to intoxicated drivers with proven, reckless driving patterns. Unfortunately, some areas have overzealous reporting due to paranoia, a "just in case" mentality, or other professional issues that could sweep you up whether you're innocent or not. Before admitting to or agreeing to anything, there are a few issues to understand during a DUI charge.
Don't Talk To The Police, But Be Polite About It
DUI situations can be tricky. It's hard to know if a police officer is really trying to get a good idea of the situation or if they've been trained to get a successful prosecution story out of you. Take the safe route: don't talk to the police if you don't have to.
In a traffic stop situation, you can greet the officer, give your license and registration, and comply with any physical demands such as keeping your hands visible. What you shouldn't do is participate in small talk or try to reason with any scenarios given by law enforcement.
There are a lot of potential questions to cover. You don't want to explain what you were drinking or how much you were drinking because it could be misconstrued as knowingly driving while intoxicated. You also don't want to say that you weren't drinking at all, because that can be both tested in a blood sample and with receipts or surveillance from a drinking establishment if you were at a public drinking place.
Lying is always a bad idea. It's always better to say nothing than to say a lie that could disqualify anything you or your attorney may say in court if necessary.
Know Your Local Laws And The Situation
Every state has different laws regarding blood alcohol content (BAC), and measurements for other substances such as marijuana are still being developed. You need to know not only how much is too much for your state, but how that manifests in your body.
Everyone metabolizes different materials at different rates. You may pass a BAC measurement and still be considered an erratic driver if police are able to get your driving on camera, so know your limits regardless of the law.
Were you even driving? This may sound like a strange question to some, but people have been arrested for being around their car or entering their vehicle with keys in their hands. It can be seen as intent by some police officers, and if it's a slow night at a bar where a few police are camping out, you could find yourself questioned by an officer who wants to get ahead of a bar drinking incident.
Contact a DUI attorney, like Throgmorton Winston Attorney, and explain your situation, and keep as much of that information to yourself until you have a chance to get legal representation.Share