If you ever get arrested for drunk driving, also known as DUI (driving under the influence) or DWI (driving while intoxicated) the experience begins with an officer pulling you over because of questionable driving behavior. This will happen at a probable DUI sobriety checkpoint or if you were involved in an accident. The officer will come to you and ask you some questions. They will then ask you to perform a sobriety test and might ask you to breath into a breathalyzer. Then you will be arrested, asked to submit to a breath and blood test and told if you refuse your drivers license will be suspended. So, what should you do in order to avoid a DUI conviction and a probable license suspension?
You should very politely decline to answer any question at all without an attorney present. It is only the incriminating statements that they include in the police reports and are later used as evidence in court. The statements that point innocence are either forgotten or ignored. To put it bluntly, whatever you say will only hurt you. It would be wise to contact a reputable DWI Law Firm straight away.
Decline the so-called sobriety test. These tests are only theoretically intended to determine your impairment but are really designed to fail. In most of the cases, the officers have already decided to make an arrest and will simply go through the motions to gather further evidence against you. In most states, you are not legally required to submit to testing and is highly unlikely that the officer will leave you alone just for taking it. If you hire the best DUI lawyer, he will tell you more about your rights.
Decline the breath test as well. These devices are highly inaccurate and in most cases, you are required to take the tests. In some states, you must if you are less than 21 years. These devices are usually just used to test the alcohol-blood levels and not just to show the presence of alcohol.
Should you choose the blood test? – Some of these tests will be determined by the case. In the first place, blood tests are a lot more accurate compared to breathalyzers. If you know how drunk you are and the level is lower than .08%, you should pick the blood test. Whether or not to take it depends on your state laws, especially if there are consequences to refusing. If depriving the prosecution a blood test outweighs a driving license suspension or a criminal penalty, you can refuse. If your blood tests result to a high blood-alcohol level like 15%, it could lead to major and severe penalties.
Driving license suspension– In most states, the license is usually immediately suspended if the chemical tests are over.08% or higher and if you refuse to take the tests. You have a right to a hearing in order to contest the suspension and there are numerous defenses for that. It is highly uncommon if you lose the criminal case you will win the suspension hearing. You must file for the case within ten days or you lose all rights to a hearing. This means that you should have a lawyer right away to do it or do it yourself and have proof that you did it within ten days. If you want to hire the best attorney, you need to know what makes excellent law firm.