should i call my attorney when pulled over for dui

by Prof. Anabelle Davis I 6 min read

If you are pulled over for a DUI, it is important to remember that you have the right to remain silent. You should speak to an attorney before answering any questions the police might ask you. Anything you say could be used against you in court, so it is best to say as little as possible.

Disputing the charges against you will be a difficult task, and you should do so with an experienced attorney on your side. Contact an attorney as soon as you can following your arrest, and be sure to keep track of as many details as possible about the circumstances leading up to the arrest and the charges themselves.

Full Answer

What should I do if I'm pulled over for DUI?

Dec 21, 2021 · If you are pulled over for a DUI, it is important to remember that you have the right to remain silent. You should speak to an attorney before answering any questions the police might ask you. Anything you say could be used against you in court, so it is best to say as little as possible. Do Not Consent To A Search Of Your Vehicle

When pulled over for DUI should I decline a breath test?

Take full advantage of your right to remain silent and, while remaining otherwise polite and courteous, say nothing except to ask for a Cumming DUI defense lawyer. After the Arrest DUIs are considered arrestable offenses in Georgia, so if the police believe you are guilty, you will most likely be handcuffed and taken in a police squad car.

Can I get a DUI if I take a chemical test?

Dec 16, 2021 · If you get pulled over for DUI, a Murfreesboro DUI attorney at Bennett & Michael explains what you should – and should not – do. Call 615-898-1560 to …

image

What to say if officer asks if you have been drinking?

If the officer asks if you have been drinking, simply say, "on the advice of counsel, I choose to exercise my 5th Amendment Right and remain silent."

What should I do if I get pulled over for DUI in California?

What to Do During the DUI StopDo Be Polite. ... Do Not Answer Any Questions. ... Do Not Submit to a Preliminary Alcohol Screening (PAS) Device Test. ... Do Not Submit to a Field Sobriety Test. ... Do Submit to a Chemical Test After Arrest. ... Do Contact Marin County's Only Board-Certified DUI Defense Lawyer Now.

What happens when you get a DUI in California?

For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.

What can happen if you refuse to take a blood and or urine test?

The penalties for refusing to take a blood, breath, or urine test begin with a one-year license suspension. You could lose your license for two years for a second refusal or if you had a reckless driving or DUI conviction within the last ten years.

What to do if you have been arrested for DUI?

If you have been arrested for a DUI, it’s important to seek legal representation right away. When your freedom is on the line, there is no time to waste. Don’t hesitate to contact our office right away with any questions you may have.

What does it mean when an officer asks you to submit to a urine test?

If an officer asks you to submit to a urine test, it is a pretty good indicator the officer suspects you are under the influence of a drug other than alcohol. Urine tests are most often used as screening tools and do not quantify the exact amount of alcohol or drugs in your blood.

Why don't police use breath test?

They use breath testing because it is the cheapest, quickest, and easiest form of blood alcohol testing. Unfortunately, breath testing is also the LEAST accurate form of blood alcohol testing. There are numerous external factors that can affect the accuracy of a breath test, including medical conditions as common as acid reflux and diabetes.

What is field sobriety test?

Field sobriety tests are used to aid an officer in deciding whether to make a DUI arrest. Once an arrest has been made, the officer may ask for a “State Administered Chemical Test.” State Administered Chemical Tests are used AFTER an arrest is made to determine the blood alcohol content and/or the presence and amount of drugs in your blood. “State Administered Chemical Tests” implicate both criminal and civil law, so it is important to understand both the criminal and civil consequences of your decision.

Can you refuse a roadside sobriety test?

If you are pulled over for a DUI, you have the right to refuse a roadside sobriety test. However, if the officer places you under arrest, you will be faced with the difficult decision between giving evidence that can be used against you at the trial of your criminal case or suffering the potential civil penalty of suspension of your driver’s license.

Is blood alcohol testing accurate?

Blood testing is the most accurate form of blood alcohol testing. However, factors like elapsed time from when the arrest was made to the time of the blood draw, chain of custody issues, and issues regarding the voluntariness of consent can all affect the admissibility of a blood test at trial.

Consenting to a Breathalyzer (or other field sobriety exercise) is the Law in Florida

In Florida, when you received your driver’s license, you agreed to take a breathalyzer test if a law enforcement officer requests you do so. Florida, like most states, sees a driver’s license as a privilege, not a right. And part of having that privilege is agreeing to be breathalyzed upon request.

Your License Could be Suspended For Up to One Year

If you blow over the legal limit, you will have an automatic 6 month license suspension, and if you refuse to blow you will have an automatic one year license suspension.

image