DUI Legal Advice: After Arrest

If you find yourself arrested for some form of intoxication--driving while intoxicated (DWI), operating under the influence (OUI) or driving under the influence (DUI)--you should be prepared for the results of this action. The following can be considered DUI legal advice, but it is really common sense tips that will keep you from getting into any further trouble following your being stopped for a traffic violation that is due to driving while intoxicated.

Stay in Your Vehicle

When you are pulled over, the officer will be primarily concerned with safety--both yours and his. Anyone who jumps out of a stopped vehicle at night, who has already broken a traffic law, presents a safety risk in the mind of the officer. His reaction will be harsh if he perceives what you are doing is a risk to his safety or yours. Also, keep in mind, if you do get out of your car without being asked to first by the officer, not only could he interpret it as a safety risk, he will also be able to observe your physical behavior and tell-tale signs, such as stumbling about. Therefore, the first legal tip in this circumstance is to remain in your vehicle until (or if) the officer asks you to exit it.

Exercise Your Rights

It will be up to you to decide whether or not you will do as the officer asks. Undoubtedly, you will be required to do some field sobriety tests. As mentioned, you have a choice in these matters. However, should you decide to refuse these tests, your refusal will probably be interpreted by the officer as uncooperative and possibly even as a sign of you being guilty of intoxication. Nevertheless, he cannot force you to do the field tests. Keep in mind, however, that failure to do so will probably result in you being arrested. But, these field tests area also considered inaccurate by many defense attorneys in determining sobriety. Instead, they seem designed to prove intoxication.

In either case, whatever decision you go with, when dealing with the officer, it is important that you be firm in demanding your rights; you do not have to do the tests if you choose not to. However, while being firm, it is in your best interest to also be polite. Your attitude during the arrest will be video and/or audio taped and these records can be used as evidence later on in court.

Decide Whether to Submit to the Breath Test

Another inaccurate means of determining the level of a person's blood alcohol concentration (BAC) is the breath test (or many defense attorneys believe). And, since DUI and DWI cases are difficult to defend, not to mention expensive, many defense attorney suggest that you not take the breath test after being pulled over. It doesn't matter if it is on the street where you are stopped or back at the police station; don't submit to it if you have had more than one drink. You should be aware, however, that refusing to take the breath test will probably result in you losing your driver's license for some time. This is due to the "implied consent" laws that exist. But, it is also true that should you take the breath test and have a score above the legal limit, you will also lose your license and sometimes suffer worse consequences as well.

Speak with an Experienced Defense Attorney

In order to protect your driving rights, most states impost a deadline on requesting administrative hearing into DUI cases. There are additional deadlines when it comes to courtroom procedures that must also be met. Be sure and counsel with an experienced attorney regarding these and other rights to which you are entitled to ensure you meet with the most favorable outcome following a DUI arrest.