Anybody can get arrested for a DUI. It doesn’t take very much alcohol or much of a traffic violation either. Assuming you’ve never been suspected before, remember these things about a DUI traffic stop. That’s because A DUI on your record can affect you for the rest of your life.
Don’t submit to field sobriety tests.
It might sound like you’re being lawfully ordered to take them, but refuse to take any sobriety tests on the road. It might sound like the police officer that stopped you is being authoritative or commanding you, but they already suspect that you’ve been drinking. They just want to confirm it.
The law doesn’t require you to take roadside tests, especially with a portable breath testing device. Politely refuse them, no matter what the police officer might say the consequences might be. Since you’ve never performed any field sobriety tests in the past, you’ll probably fail them anyway, even if you haven’t been drinking.
Refuse the breath test at the police station.
There will be consequences if you refuse to submit to a blood alcohol test at the police station. You’ll be advised of those. Don’t take the test. You’ll be arrested for a DUI, but that doesn’t mean you’ll be convicted.
It’s highly likely that you’d have been arrested anyway if you took the test. If you take the test, you’re probably giving the prosecutor enough evidence to convict you. You have rights, and one of those rights is to refuse any breath testing. Call us right away. We’ll protect each and every right that you have.
Your license can be suspended even if you haven’t been drinking.
If you submit to breath testing at the police station, your driver’s license will be suspended if your blood alcohol level is .08 or over. Even if you haven’t been drinking and refuse the test your license can be suspended.
Unfortunately that’s the law, but you can contest any suspension, especially if it’s only the police officer’s word against your word without any other evidence. You haven’t performed any roadside tests, and there’s no blood alcohol test from the police station. You refused them. If you haven’t given any evidence, it becomes very difficult to suspend your license.
You could have a criminal record.
DUI prosecutions can be difficult. That’s why police want to assemble as much evidence as possible before you’re actually placed under arrest for DUI. The law doesn’t require you to give them any evidence. Invoke your rights.
Politely refuse to give any evidence that might convict you. A DUI conviction will stay with you for the rest of your life. You can’t expunge it. It can affect your education, job, family and future.
By not providing the prosecution with additional evidence to convict you with, a DUI case might become the police officer’s word against your word. The prosecution’s burden of proof is beyond a reasonable doubt, and a police officer’s word alone usually isn’t going to support a conviction. Politely refuse to take any roadside sobriety tests, and politely refuse to take blood alcohol testing at the police station. The prosecution will have far less to work with in trying to convict you of DUI.