Driving under the influence is a serious offense no matter where you are. If you have been charged with DUI, your next steps can have a significant impact on your case. If you make certain mistakes, odds are pretty good that you will weaken your defense.
Your best bet when facing a DUI charge is to do the right thing at the right time – and steer clear of any mistakes. Here are common DUI mistakes that can be detrimental to your case.
Admitting that you have been drinking
If you only had one or two for the road, you may assume it is okay to tell the enforcement officer the truth. Wrong. In admitting that you were indeed drinking, the police and the prosecution will use your words against you during the trial. That said, it is equally important that you do not lie. Once you have been pulled over, ask the police if they intend to charge you for anything. If they ask if you have been drinking, the right response you should give is, “I would rather not say.”
Answering questions you do not understand
Miranda Rights allows you to remain silent when you have been pulled over on DUI suspicion. It is in your best interest that you exercise this right. After identifying yourself to the police officer, you must not be afraid to decline to answer questions you do not understand or believe to be incriminating. The law prohibits police from compelling you to provide a statement in the absence of your legal representative.
While the law protects you from incriminating yourself, it does not protect you from resisting a lawful arrest. If the enforcement officer has reason to arrest you, such as if you have failed the Breathalyzer test, do not put up a fight. Besides exposing you to a potential injury, resisting an arrest can result in additional charges.
With so much going through your mind if you are pulled on DUI suspicion, it is easy to make one or two mistakes. Unfortunately, doing so can only increase the likelihood of an arrest and successful prosecution.