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Getting stopped after having been drinking can be a scary situation. Many drivers are so frightened by the whole situation that they will make many mistakes during the stop that will make defending the charge much more difficult. In order to get an idea of some of the elements in a DUI stop that will play a role in the case, if there is one, here are some tips to take note of.
As with any traffic stop, never be rude or sarcastic with police; there is no good that will come of it. A police officer is much more likely to let you off if your cooperative and polite.
One of the first questions the police officer will ask is "Have you been drinking?". Almost everyone that has been drinking will try to convince the officer that they only had "one beer", or "just a glass of wine". This is a mistake, because by admitting to having consumed any alcohol at all, it is already established that alcohol is in the system, and the police officer will proceed with tests and try to get a conviction. Furthermore, it will be used in court.
It's important to provide as little information as possible to the police officer. While it may be difficult, it may be wise to simply say, "I want to talk to my lawyer before I answer any questions". The more information the officer can solicit, the stronger his/her case will be. Make no mistake, police officers are trained to begin building a case immediately. Every question they ask is designed to solicit a response that can be used to help get a conviction.
Again, it's difficult to refuse when a police officer asks for something, but these tests are completely involuntary in most states, and only serve to further the police officers case. Many people fail field sobriety tests even when they are completely sober, so there is no benefit to taking them.
A DUI charge is a serious matter, and the penalties and consequences are continually getting tougher. Drivers license issues, jail, fines, community service, months of DUI school, employment problems, criminal record, a conviction carries with it serious implications. Anyone charged with a DUI should discuss their case with an attorney as soon as possible.
Having a DUI lawyer handle your case will ease the burden on you, and ensure your rights are protected and you have the best chance at beating the charge, or minimizing the penalties.