We all know that being pulled over by an officer for suspected
DWI/DUI can be nerve-wracking. 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 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
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.
contact a DUI attorney as soon as possible.
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.
Don'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.