The Do's and Don'ts of DUI

Keys and alcoholic beverage

We all know that being pulled over by an officer for suspected DWI/DUI can be nerve-wrecking. However, it is important that you remain focused and keep a few important "do's" and "don'ts" at the forefront of your mind. By taking certain steps and avoiding others, you may be able to avoid an arrest or strengthen your defense in the case that you are arrested. By taking the wrong steps, you may just be giving the officer and prosecutors a more convincing case against you. Here are the "Do's and Don'ts of DUI" provided by our New York City criminal defense lawyers:

Do's:

  • Do immediately take out your driver's license, registration and proof of insurance and have these items ready for the officer. By having these things ready, you will not have to search for them in front of the officer, who will be searching for signs of intoxication such as slow movement or clumsiness.
  • Do speak to the officer calmly and respectfully.
  • Do cooperate with the officer's basic commands, such as pulling over to a safer part of the road or stepping out of the vehicle.
  • Do exercise your right to remain silent and say that you want to speak to a lawyer before answering questions pertaining to the alleged DUI offense.
  • Do contact a DUI attorney as soon as possible.

Don'ts:

  • Don't admit to drinking alcohol, taking drugs or to feeling intoxicated. If you do, this will open the door for the officer to test you for DUI, and your statement can later be used against you in court.
  • Don't willingly consent to having your vehicle searched. The officer may be able to search your car either way if there is enough probable cause to merit a search; however, you do not want to give permission in situation where a search warrant is actually required.
  • Don't agree to take any field sobriety tests, as these tests are not legally required and they will just add one more piece of evidence that can be used against you.
  • Don't refuse to take a chemical test (a breath, blood, urine or saliva test) after arrest unless you are willing to be penalized for doing so.
  • Don't resist arrest, as this can lead to additional charges.

't waste any time after you arrested for suspected DUI— contact our firm to speak with a New York City DUI attorney right away! We can serve as your legal advocates and ensure that your rights are being full protected throughout the entire course of your criminal case. We have skilled trial lawyers at H. Benjamin Perez & Associates, P.C., including one who has past experience as an Assistant District Attorney. Hablamos español.