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What to Do if You're Accused of Driving Under the Influence

Last updated 2 years ago

Driving under the influence is a serious criminal charge that could forever alter your life if you are convicted. Follow these strategies to protect your rights and get the right criminal defense assistance if you are accused of drunk driving.

Do not answer the officer’s questions.
You have the right to remain silent when asked questions by a police officer. You are only obligated to provide identification, your registration, and proof of insurance. Officers may ask you questions in order to hear if you are slurring your words, or to attempt to smell alcohol on your breath, so refusing to answer could keep you from accidentally incriminating yourself.

Decline any field sobriety tests. 
You are not required to perform field sobriety tests. There is no way to pass these tests and prove that you are not impaired; any performance will be used as evidence against you. You should also decline the field Breathalyzer test, which can overestimate your blood alcohol content.

Take the chemical test at the police station. 
If you are arrested and taken to a police station, you should consent to a chemical test for blood alcohol content. Refusing to do so will result in additional penalties, like license suspension. You will usually be given the choice of a blood, breath, or urine test. If you choose blood or urine, ask to have a second sample taken, so it can be tested independently. If you choose the breath test, ask to have a second test within fifteen minutes. This will ensure the test’s accuracy.

Call an attorney immediately. 
You need a lawyer who can advocate for you in court if you are charged with DUI. Your attorney can fight to protect your rights, work to suppress evidence against you if possible, and argue for reduced sentencing if needed.

If you are charged with driving under the influence, Kelly, Parker & Cohen, LLP can help. With more than 50 years of combined experience, our attorneys can provide expert representation through all aspects of the judicial process. Call (888) 482-1351 to schedule a consultation.


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