What to do when the cops stop you for a DUI case?
Getting stopped on the grounds of drunk driving can be a bewildering situation for you. The police can arrest and send you to lockup. When all these things are happening, you can still build a strong defense in your favor by being aware of your rights. Here are a few tips that can come in handy during those situations.
In this context, you should know that even the arresting officer has to follow some guidelines. They cannot arrest someone merely based on suspicion. They must have some reasonable or probable grounds for stopping you. Also, they cannot capture you without taking proper blood and breath test. Adhering to policies and regulations is a complete must from their end.
Stop your vehicle at a safe place
The police can ask you to stop based on specific observations that he may have made about you. He may think you are drunk or impaired. Although you cannot challenge it at this stage, his report can affect your criminal trial and hearings significantly. You may lose your driving license. So be careful. When he stops your car, you should drive it safely to a proper location. Any hastiness or unexpected behavior can solidify the cop's decision.
Don't do any such activity that can intensify their suspicion
The police generally come from behind as a tactical move so that they can avoid any sudden attack from the driver. So that's normal for them to do. But when this happens, you should stay behind your steering wheel until they come to your window and asks for your ID. Any attempt of turning or twisting of your body part to track their movement can be risky.
Talk to them politely
There can be a battery of questions the officers may ask you, such as how much you drank, when you ate your last meal, where you went, where you are heading, etc. You don't need to answer any of them. Don't even think of telling a lie. You can politely refuse to answer these questions by saying you cannot say anything in the absence of your attorney. Make sure you don't sound rude. Otherwise, they can impose some other charges on you and arrest you. So, when they ask you to get out of the car, oblige them in a friendly and cooperating way.
If they need your name, driving license, insurance and registration details, give them without showing any discomfort.
Remember that even after offering full cooperation, you can get arrested or lose your license. But that is still a better situation than facing jail.
Refuse to submit to a field alcohol and breathalyzer test
You cannot rely on the road-side sobriety and breath test. Hence, you can deny these tests. Go instead for a scientific and thorough examination to avoid any misreport or misinformation. If these tests take place at the police station, then you may say yes. Otherwise, it can become a case of resisting arrest.
Make a note of all the incidents around the arrest
Write down everything that you have a memory of about your arrest so that your lawyer can prepare a strong defense for you. The note can mention:
- Where you went and why
- What you drank and how much
- The gap between the time of your drinking and the time you had to pull over for investigation
- Officials' behavior and their instructions
- And all the other minute yet critical details
The penalties can be severe if it's your repeat case. However, if this is the first time, then you can get some relief. Anyway, you would need the guidance of an experienced DUI lawyer Long Island to protect yourself.