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Got Pulled Over, Cop Suspects a DUI - What do I Do?
Driving when under the influence of alcohol is dangerous and can result in the driver facing serious driving restrictions or other consequences. Drivers charged with DUI face the risk of getting fined heavily, having increased insurance premiums and may even lose some driving privileges. The best thing to do is to avoid a DUI in the first place.
Unfortunately, if one is arrested for DUI, there is little to be done that would prevent the officer booking and eventually requiring the offending party to appear in court. However, knowing some things not to do may affect the outcome of the court decision. The arresting officer can frame the offense depending on the circumstances leading to the arrest. The framing of the offense may also be affected by what prompted the arrest. Thus, it is important to know some things to avoid and in some cases, knowing what to do or not to do may even reverse the officer's decision to arrest the offender in the first place.
Never resist when getting arrested for driving under influence. A revocation form accompanied with the driving license will usually have to e forwarded after the arrest. In some cases, the arrest may not be valid and one may walk. Resisting will only add a valid reason to make the arrest. In fact, there is a 10-day period during which a hearing may be scheduled that may favor the supposedly drunk driver. The DMV is responsible for reviewing the revocation and one has an opportunity to make a defense that may result in the case withdrawal.
Another thing to avoid when an officer is making an arrest for DUI is to try withholding the driving license. This is because one can always get the license back after a proof of financial responsibility has been signed. At the end of the revocation period, one also gets back his or her driving license. With the California driving license, it is legal to still continue on the road for another 30 days after the license has been suspended. At this time, one can undertake proceedings to get the license back.
Violence and damage to property is not unusual for DUI cases. The arresting officer may charge the offending driver with felony vandalism in case this happens. Thus, avoid violence, damage to property or any behavior that might be construed to felony vandalism.
During the arrest, it is essential to have a cool mind. This is because what one says or does at the time of the arrest may be used to charge the offender. In fact, there are many countless offenses that one can be charged with during this period. One of the simplest ways to avoid all of this is to be friendly and cooperative with the officers. This will go a long way in reducing the number of offenses on the arrest form.
Avoid making any threats to the arresting officer or using profanity. Trying to justify the reason for getting drunk will also do no good. In most cases, acting this way will give the officer further proof of your irresponsibility and the likelihood of getting booked is high.
Immediately one is arrested or about to be charged with DUI, it is prudent to contact a DUI lawyer immediately. Since they are conversant with the DUI laws better than most, they are more likely to argue out the case successfully. Their influence in court decisions is also well attested. It is therefore very important to know in advance what is expected when one is arrested for DUI.
About the Author Jennifer Monroe is a Los Angeles Criminal Defense Lawyer who specializes in LA DUI Cases. She is available to assist you in fighting your' DUI, and removing as much of the damage as possible. Of course, not doing DUI in the first place is the easiest way to avoid problems.
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