Mistakes That Aggravate During DUI Stops
Posted on: 22 May 2019
Your behavior during a DUI (driving under the influence) stop determines many things. Here are some behaviors that may worsen your situation during a DUI stop.
Making Incriminating Statements
One of the worst things you can do at a DUI stop is to admit to the police that you have been drinking. It doesn't matter whether you say you have taken "just a sip" of alcohol. The moment you admit to drinking, you have already incriminated yourself, and the police are unlikely to let you go. That admission will come back to haunt you in court if your case goes that far.
Lying to the Police
Even though you should guard against self-incrimination, this doesn't mean you should lie to the police if they ask you directly if you have been drinking. Instead, you should take the middle road and assert your right to remain silence. Let the police make their own conclusions; don't provide them with the ammunition to arrest and prosecute you.
Behaving Aggressively
It's always a good idea to be polite when dealing with the police. It's a bad idea to be aggressive or try to avoid arrest when the police try to arrest you. Imagine how you will look to the judge when they learn that you resisted arrest; your pleas of innocence are likely to fall on deaf years in such a case. What is more, resisting arrest is actually a separate charge with its own punishments.
Taking Field Sobriety Tests
The police are likely to ask you to take field sobriety tests such as standing on one leg or walking along a straight line. Field sobriety tests aren't legally mandatory. Most attorneys advise against taking field sobriety tests because it is easy to fail the tests even if you are not intoxicated. You have nothing to gain, and a lot to lose, if you agree to the tests. The breathalyzer test, on the other hand, is mandatory under implied consent laws.
Trying To 'Talk Your Way Out Of It'
Lastly, it's also usually a mistake to try and talk your way out of a DUI stop. Many people who try to talk themselves out of DUI stops end up revealing too much information. For example, you may be tempted to explain how you are from a birthday party, and the alcohol in your breathe is just a sip from the toast. In the end, the police will arrest you with incriminating information that they wouldn't have gathered without your help.
Talk to a DUI attorney to learn more.
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