If you are pulled over and the officer suspects you are driving under the influence, you may want to plead your case as to why you can't possibly be guilty or you may want to instinctively keep your mouth shut and not say a word. However, the actions you take can and may be used against you in court if you are ultimately arrested and charged for a DUI. Here are three things you should never do if you are pulled over and an officer suspects you are driving under the influence.
Admit to Drinking
If you are pulled over on suspicion of a DUI, you may want to plead with the officer and state you cannot be over the legal limit because you only drank one or two drinks. If you are pulled over, you should never admit to having anything to drink. It is up to the prosecutor to prove that you were drinking and your blood alcohol level was over the legal limit. If you admit to drinking, it can be used against you in court, making it more challenging for you to win your case.
Not Say Anything
When you are pulled over, you have the right to remain silent. However, you must state to the officer that you are invoking your right to remain silent or invoking your fifth amendment rights as you do not wish to self-incriminate yourself. If you do not say anything at all, in some states, consciousness of guilt may come into play. Certain actions, such as lying to an officer, running from a crime scene, or even refusing to utter a word to an officer, can be introduced into court. The theory is that your actions may show that you knew you were guilty of the crime. Consciousness of guilt never comes into play when you specifically invoke your right to remain silent.
Take a Preliminary Breathalyzer Test
The last thing that you should never agree to do if you are stopped for a potential DUI charge is take a preliminary breathalyzer test. Many people are under the impression that you have to take this test. You are required to take either a breathalyzer test or a blood alcohol test. The choice is yours as to which you take. However, the breathalyzer test given by a police officer when you are pulled over is a preliminary breathalyzer test. It is not either the standard breathalyzer test or blood alcohol test you are required to take. Both are done at a police station. On site breath tests are notoriously incorrect, so it is best to agree not to take this test.
If you have been arrested on suspicion of a DUI, you have the right to retain an attorney before you agree to answer any questions. You also can hire a DUI attorney, such as Robert A Murray, if you have been charged with a DUI. Following these steps makes it easier for an attorney to defend you against the charges that you may be facing.Share