A DUI arrest can be a very frustrating and frightening situation. An arrest can result in jail time, fines and a permanent mark on your criminal record. According to the Miranda Rights, anything you say can and will be used against you in a court of law, so your actions are heavily observed once you are pulled over on suspicion of DUI.
The following are immediate steps you should take following detainment by law enforcement:
- Act polite. Acting hostile or defensive will only encourage the police officer to further determine and investigate whether you have been drinking and driving. Cooperate with their commands. Avoid answering questions which may incriminate you, such as "Have you been drinking?" If you are confident your BAC level isn't at 0.08%, then reply by saying "No," or state that you have been advised to not to answer that question without your attorney present.
- Take the blood, breath or urine test. California imposes the "implied consent" law, meaning you are required to take a blood, breath or urine test or else your license will be suspend for one year if you refuse.
- Don't participate in field sobriety tests (FST). These tests are meant to help provide police officers to establish probable cause and gather more evidence against you to be used in court.
- Write everything down. The more accurate information about the details of your arrest, the higher your chances will be to have the charges reduce or the case dismissed. Consider what time and when you were arrested, what's the officer's probable cause, what test did they perform, how many drinks you had, who was present during your arrest, etc.
- Gather witnesses. Whether it's a passenger in your car, a person you were with prior to your arrest or an observer, ask if they would be willing to help.
For more information, contact our Fremont DUI attorney today.