How to Minimize Drunk Driving Penalties

When you or a family member are arrested for DUI, learning what you can do to minimize drunk driving penalties is extremely important. Depending on where you live, your driving record and even your age you can face very serious penalties if you are convicted of drunk driving.

There are things that you can do before, during, and after a DUI arrest that can minimize your penalties.

Before

When you are pulled over and the law enforcement officer suspects you of driving under the influence of drugs or alcohol, you are likely to be asked to submit to a field sobriety test. The purpose of this test is to gather additional evidence against you, further proving the officer's belief that you are intoxicated.

• In some states you are allowed to refuse to take a field sobriety test, and may instead politely tell the officer you are going to defer a decision about whether or not to submit to the test until you have spoken to a lawyer.
• Knowledge is power, so if you think there is even the remotest chance of driving after you have had even one drink, try to find out in advance if this is true in your state or if your state has an Implied Consent Law that covers field sobriety tests as well as Blood Alcohol Content and Breathalyzer tests.
• If you live in a state like Oregon, you can be penalized for refusing a field sobriety test by having your refusal admitted in to evidence against you as an admission of guilt at a trial.

During

At the point that you are actually arrested, you will be advised of your Miranda rights. During the entire encounter, from the minute the law enforcement officer approaches you, do your best to do or say nothing incriminating.

• Don't tell the officer how many drinks you had, or admit that you knew you were weaving in traffic.
• Your state likely has an Implied Consent Law that can penalize you with a license suspension if you refuse a Breathalyzer or Blood Alcohol Test, so consider your options carefully.
• In some states an attorney may be able to negotiate a license suspension, but not in all cases.

After

There are two important things you can do after an arrest for DUI to minimize penalties. The most important is to hire an attorney who is experienced with the DUI laws in your municipality. You cannot even begin to hope for reduced penalties without a good attorney on your side representing you.

• The other thing you might be able to do to minimize penalties is to get enrolled in an alcohol treatment program that is overseen by your court system. These special courts offer a combination of treatment, rehabilitation and law enforcement.
• Often successful completion of these programs (particularly for first time offenders) can include dismissal of all charges, which will certainly minimize any penalties.

Get Legal Help

Having a DUI attorney fighting for you, working hard to reduce or dismiss any charges is the single most important decision you will make after a DUI arrest. Having a DUI on your record is a life changing event. You need a great attorney to answer your questions and be your advocate.