Drinking Under the Influence (DUI) charges and convictions are costly. Depending on the severity of your case, you may end up losing your license, paying a fine, installing an ignition auto-lock device, or even ending up in jail.
If a court convicts you of a DUI charge, you’ll have a criminal record on your file. The consequences of such a record can be crippling for your career and future endeavors. That’s why you should do everything to avoid such convictions. Let’s go through a few tips to help you do just that.
Prevention
According to the Center for Diseases Control and Prevention (CDC), 29 people die from alcohol-impaired driving each day. That works out to one death every 50 minutes. That’s enough reason for everyone to avoid drinking while driving.
If you’re a typical heavy drinker, make sure you have contingency measures in place before you head to a bar or drinking area. Go with a friend who can drive you home just in case you end up being intoxicated. Alternatively, have a designated driver in place who can come for you when you over-drink. If all these measures don’t work, opt for an Uber or any ride-hailing service.
However, if you insist on driving, make sure you check your Blood-alcohol Concentration (BAC) before getting on the road. The BAC is a measure of the amount of alcohol in your bloodstream. It can be measured using a breathalyzer. Thankfully these devices are available for purchase online. In all states, the legal BAC limit is 0.08. If your BAC reading is 0.08 or higher, you’re beyond the legal limit and eligible for an arrest if you drive.
During and After an Arrest
If police officers pull you over owing to suspicion of DUI, your conduct during such an encounter is crucial.
First of all, use your turn signal and pull over carefully in a safe place. An abrupt or haphazard stop may rub law enforcement officers the wrong way, and they will record it in their report. Sit calmly with your hands on the wheel while waiting for the police officer to approach. Do not make any sudden movements as an approaching officer may misread that.
The officer will ask you to produce your license, registration, and insurance. Hand the license over and be polite about it. Avoid any off-handed comments and nervous behavior. Officers will ask several questions. If you’re not sure of an answer, you can invoke the fifth amendment and be silent. You are under no obligation to answer every question.
Also, don’t offer comments and answers when you don’t have to. Police officers are generally suspicious and do not take things at face value. Telling a police officer that you just had a few beers won’t be the end of the conversation. If anything, it would cause the officer to probe further.
You have the legal right to turn down a field sobriety test. These tests often involve activities such as walking, turning, or balancing on one leg. These tests are not an exact science, and failing them could be used as evidence of intoxication. Refuse these tests if you’re not confident about them. However, take note that officers will highlight your refusal in their arrest report.
More importantly, make sure you take records of the incident – it might come in handy during a court hearing. If an officer asks you to write a statement, write down only what you remember and ask for a lawyer.
Hire a Lawyer
In many states, drunk driving is a misdemeanor criminal offense. So DUI arrests generally end up in court. While you can self-represent yourself, it’s a rather steep learning curve – unless you have a legal background. You may be confident of your innocence, but confidence alone won’t cut it in court.
There are a variety of sanctions meted out to DUI offenders. These sanctions include seizure of license, installation of an ignition interlock device, attending an alcohol treatment program, and jail time. The type of punishment you receive is, to no small extent, dependent on the kind of lawyer who works on your behalf.
You’re better off with an experienced lawyer who is well-versed in DUI cases to help you beat off the charges. In some cases, you’ll find lawyers like Jim Yeargan, who used to be DUI prosecutors but have become lawyers for those involved in DUI and crash-related incidents. Such lawyers often bring to bear their years of experience prosecuting DUI cases.
Even if you have some liability, lawyers can help reduce your penalties. For instance, a first-time offender will receive lower sanctions compared to a second-time offender or someone who’s been convicted multiple times. Also, not all evidence is fool-proof. An experienced attorney will interrogate the prosecution and cast doubts on any evidence that is not valid or illegally obtained.
Conclusion
A DUI charge is severe. If a court convicts you of a DUI charge, you may suffer sanctions ranging from the seizure of your license to jail time. To avoid such penalties, you should take measures to prevent an arrest in a DUI situation. However, if you end up being pulled over, be careful of what you say and do. Hire a qualified and experienced lawyer to argue your case for you.