You have just been pulled over for suspicion of DUI and the officer is approaching your car… what should you do? Thousands of people are faced with this question every day and night. Making a bad decision here could literally affect the rest of your life. Knowing how to handle this situation properly may just help you avoid jail time as well as significant fines and penalties.
Know Your Rights When Stopped for a DUI
You have DUI rights, and you need to know them and exercise them when stopped for a DUI. First and foremost, know that you are under no obligation to take field sobriety tests. However, in some states, you will face automatic penalties for refusing these tests. These penalties will be carried out regardless if you are found guilty or innocent, so know your individual state laws regarding DUI.
While there are standardized tests, these results are often refuted in court and in essence, are objectionable, meaning the officer is the one that decides if you pass or fail. Another reason to refuse these tests is simply because the tests are biased against certain medical conditions as well as being affected by the road conditions and weather when they are taking place.
You are also under no obligation to answer any questions from the officer. This is common tactic for the officer to get an idea as to your current state. For instance, if you are slow to answer or are slurring words, he or she has more of a reason to think that you are driving under the influence.
What To Do After Being Charged with a DUI
If you have been charged and wish to fight the charges, you will need an experienced DUI attorney to fight the case. In fact, even if you had planned on pleading guilty, you really should consult with an attorney just to have him or her evaluate the case. Sites like DUIRights.com are perfect for this, as you can submit all facts for a free evaluation as well as being able to find local attorneys.
You should also know that in most states, you may be able to file for a restricted license after being arrested for a DUI, but the window to do so is very limited. If you do not file within that time frame, you will not be able to get your license back until the mandatory suspension has been served. You may also be required to use an Ignition Interlock Device, or IID, while using the restricted license for a specified time frame after your license has been reinstated.
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DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.
Okay so I was not read my Maranda rights. But I thought in CA THEY DIDNT HAVE TO DO THAT. For a dui arrest?
I had not been pulled over by the police in about 20 years. Within about 4 months I was pulled over by the police 4 times. They would give me a sobriety test and went through my purse and other things. My daughter was always with me. I had to leave early one morning to teach a class and so my daughter did not go. I am suppose to take medication due to being told I need back surgery. I had been pulled over so many times that I would stay in excruciating pain when I was driving. I went through a fast food drive thru and pulling out I got backed into in the middle of my passenger car door. I called the police out and they threw me in jail. I felt as this was a set up due to the other times I had been stopped and did not take their blood test due to who knows whose blood results would be pinned on me. This is crazy and is draining financially. Do I have any rights to file suit against the driver who made accusations that I was under the influence of something or the police officer?
Unfortunately in this situation you really can’t do much to the other driver. It seems like you were put in a very unfair position and now you have to deal with it. Please remember that doctor prescribed medication does not automatically exclude you from driving under the influence. With the increase of RX medication these days, more and more drivers are getting DUI’s for simply taking their prescribed medication. Go over your case with an experienced DUI attorney. Or you can fill out the Free DUI Arrest Evaluation and we will connect you to an experienced attorney who can look at your case.
I was pulled over and wasn’t read my rights and even blew and the officer could. not tell me what i blew.
The officer does not have to tell you what you blew. But he does have to read your miranda rights at some point during the arrest. A good DUI attorney should be able to challenge this. That discrepancy along with any other errors may be enough to drop the charges. Get your DUI arrest evaluated by filling out the form and an attorney will look at your case!