If you’re stopped and charged with a Driving Under the Influence Intoxicants (DUII), you should know what you could do to best protect yourself. Sometimes everyday people face DUII charges that stem from taking valid prescriptions or have smoked marijuana recently.
First of all, do not admit to consuming any alcohol or drugs when you are questioned. An officer who is questioning you must establish probably cause in order to arrest you. If you tell him or her anything, it can and will likely be used against you. It is crucial to remember you always have the right to remain silent. This is a good time to use that to your advantage.
Secondly, you have the right to an attorney. All you need to say is that you are invoking your right to attorney and then ask if you are free to leave. If the officer continues to question you, whatever is said will likely be challenged in court. Do not take off if the officer has not dismissed you though.
Do not submit to a blood, urine or breath test unless you are arrested for a DUII. If you are arrested, it is against the law to refuse, however if you have not been arrested, you can politely refuse.
There are always exceptions to this rule though. If you have been in an accident and need medical attention, you may have to take a blood alcohol content test. If you are left unconscious in the accent, the test can be performed as you are treated.
If you are arrested and refuse to submit to a test, you may face penalties and fines. For a first offense, you may have your license suspended for a year and may have to pay a fine of $500 – $1000. A second a third offense both carry a three-year suspension with fines up to $1000.
If you are facing any DUII charges, it is crucial to have an experienced criminal defense attorney by your side to defend you. Call our offices for your free, initial consultation.