What do you do after you have been accused of DUI ? It is crucial that you contact a trusted Denver DUI lawyer at your earliest opportunity, like the Denver Criminal Defense Attorneys of O’Malley and Sawyer, LLC. Our firm is committed to doing all we can to protect your rights from a damaging conviction and your driving privilege from license suspension.
Accused of DUI – How to Act During the Arrest
Being pulled over or arrested for a DUI is not the same as being charged for one. If you do and say the right things, you could get off with a warning. It all comes down to knowing what to expect ahead of time.
Pull over: First things first, if you see red and blue lights flashing in your rearview mirror, pull over as soon as it is safe to do so. You might even want to pull into an adjacent parking lot if possible. Give the police officer plenty of room to walk to the side of your vehicle without having to worry about other passing cars.
Be respectful: You have the right to remain silent, and you should use it, but do not be rude or disrespectful in that pursuit. Acting like you are better than the officer or do not deserve to be in the situation is a fast way to end up in handcuffs, even if you are completely sober.
Remain calm: Doing anything that could be interpreted as resisting arrest is a bad idea. Behaving in a way that could be interpreted as aggressive is even worse. Stay calm, make slow, deliberate motions, and follow the officer’s orders, within reason.
Refuse roadside tests: Field sobriety tests (FST) are usually inaccurate and not mandatory. If you are asked to take a field sobriety test, ask if it is mandatory and if refusal has any immediate consequences. If not, you should probably refuse it, as FSTs are generally only used to develop evidence for probable cause to arrest you for DUI.
What to Do at the Police Station
After you have been pulled over, you might be going back to the police station, no matter what happens. Highway patrol officers will pull someone over for any infraction and look for signs the driver is intoxicated; Once you are in cuffs and in the jailhouse, there are still a few things you can do to help your situation.
Give basic information: If you are being booked, the police are going to need to know some basic information about you, information that they can find on their own. Refusing to tell them your name, address, and other identifying and public things just drags out the process. Help them along here but keep in mind to never say anything that could be incriminating.
Take chemical tests: Any blood alcohol concentration (BAC) level test taken at the police station is likely considered a mandatory chemical test. Refusing a mandatory chemical test allows the Department of Motor Vehicles (DMV) to automatically suspend your license for a year. This is an administrative punishment and is more difficult to fight in a DMV hearing and in the criminal defense case. It is usually best to take a chemical test to avoid this harsh punishment.
Call O’Malley and Sawyer, LLC: Part of your right to remain silent also includes your right to speak to an attorney for legal representation and guidance. The moment you get your first phone call out of the jail should be the same moment you call a Denver criminal defense lawyer.
Get the Legal Help You Need When You Need It
We believe your first phone call should be to O’Malley and Sawyer, LLC. Our Denver DUI attorneys can bring unparalleled legal knowledge and experience to your case, backed by a fighting spirit that is willing to see things to the end. We do not back down when so much is on the line.