Being detained for driving under the influence (“DUI”) can be a terrifying ordeal. Your automobile will be seized, you’ll be detained at the site, and you’ll typically have to spend a long period in police custody. You’ll also be put in a squad car.
This comprehensive guide offers an explanation of frequently asked DUI issues as well as some information on how your lawyer will construct your case.
Officers frequently look for the telltale indicators of drunk drivers when they are monitoring the streets and highways.
Several of the typical indicators include:
It’s crucial to understand what a police officer will be looking for when you are pulled over, in addition to the outside indicators of drunk driving. Typically, a police station is looking for signs that you have consumed alcohol.
The most typical symptoms are:
There are a few things to keep in mind when speaking with the police if you are stopped on suspicion of operating a vehicle while intoxicated.
First of all, if an officer has reason to believe you have had alcohol, one of their first inquiries will be, “Have you consumed any alcohol this evening?”
Generally speaking, you are not obligated to respond to any incriminating inquiries made by the officer. Always be respectful and let the police know that you’d like to talk with an attorney before responding to any questions.
As an alternative, you may reply that you’ve only had one or two drinks this evening. This typically isn’t enough alcohol to make you intoxicated, depending on your size and how long you drank the beverages for.
The smell of alcohol on your breath or in the automobile could be due to one or two drinks. Having said that, you should only use this response if it is the truth and you are sober. An officer is unlikely to enjoy being misled if it is clear you are more drunk than you state.
When you are stopped for a suspected DUI, an officer will request that you take a field sobriety test (FST). An officer who is performing an FST is probably already planning to arrest you and is only gathering more evidence to support that decision.
FSTs can take many different shapes.
Typical illustrations include:
Additionally, the police will request that you submit to a chemical test to ascertain your blood alcohol level (BAC). The breathalyzer and blood sample are the two tests that are frequently employed. However, considering its poor accuracy in determining BAC, urine testing is only seldom available in some states.
Contrary to FSTs, declining a chemical BAC test entails negative consequences with state-specific variations. Three outcomes generally follow a refusal to take a chemical test. They are: Your license will be suspended if you refuse to take the test. The suspension period can be substantial yet varies. Whether or not a person is found guilty of DUI in California, their license will be suspended for a year if they refuse for the first time.
Refusal may also be punished as a separate offense or result in an extension of your jail sentence.
Your refusal itself may be used as proof in court that you had a guilty conscience.
Given the severe consequences of refusing a chemical test, you should probably take the test.
DUI conviction rates vary from state to state and are also influenced by your driving history. A first offense typically results in a license suspension or restriction, a fine, the requirement to attend a DUI education course, and, in certain situations, probation.
Additionally, certain states may require AA meetings, community service, and ignition interlock devices.
The price of your DUI defense will vary depending on the specifics of your case and where you live, just like with other legal services. An attorney might bill you less than $1,000 to represent you in small rural locations. It makes sense that attorneys in urban locations will charge more. While more experienced lawyers will cost more, they also provide you the assurance that your case is being handled properly.
The price of your case will depend on a wide range of circumstances.
Some instances:
If your case is very complex, your attorney could also wish to call expert witnesses to discuss how the blood and field sobriety tests were conducted. Adding an expert witness to your case will increase the overall cost.
Your attorney will deliver your defense in front of the judge and/or jury if your DUI case proceeds to trial.
Some of the typical DUI defense tactics are listed below.
Miranda Warnings and the most likely defense. These defenses hinge on whether there were any irregularities both before and after your arrest. These flaws should be easy to notice, and your attorney can utilize these defenses to get the evidence against you suppressed.
The list of defenses above is not all-inclusive. Defense lawyers are inventive and will develop a strong defense that is unique to your situation.
An expert DUI/DWI attorney will probably be necessary if you have been detained for DUI. Your defense lawyer will be acquainted with the local courts and may already have a good working relationship with the magistrates and district attorneys in your county.
Additionally, your lawyer can use their expertise to develop a defense plan that lessens the severity of your punishments or successfully negotiates the dismissal of your DUI charges.
A lawyer may also be able to assist you in obtaining the best possible outcome, particularly if this is your first incident of drunk driving and no one was gravely hurt.
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