Driving under the influence is not like any other criminal charge out there. This is because DUI cases rely heavily on scientific evidence, such as that behind blood alcohol concentration (BAC).
Beyond the science, DUI cases rely on field sobriety tests, dash cam videos, and footage from officers’ body cameras, blood and breath tests, suspects’ statements and officer testimony. If it sounds like the cards are stacked against a DUI defendant, they are to an extent, but that does NOT make DUI cases are hopeless.
Considering how little the average person knows about DUI arrests and how they should conduct themselves if they are ever suspected of DUI, we decided to offer some sage advice. Please continue reading for some helpful tips about DUI.
Do utilize your right to attorney representation after a DUI arrest.
After an arrest, you will be notified by law enforcement that you have rights. You have the right to remain silent and you have the right to an attorney. We highly suggest that you utilize these rights.
The Law Offices of Virginia L. Landry, Inc. is one of the premier DUI defense law firms in Orange County, so consider contacting us after an arrest.
Don't admit fault. Or say how much you had to drink either!
You have the right to remain silent. Anything you say at the time of your arrest or after your arrest can and likely will be used against you. An admission of guilt, no matter how slight, can contribute to your conviction.
Do schedule a DMV hearing.
Your DUI has two parts: administrative and criminal. A drunk driving allegation is a criminal charge, but drunk driving is also a penalty against your driver's license, which is an administrative privilege.
After your arrest, you have just 10 days to schedule the DMV hearing. If you fail to do so, you forfeit your right to contest your driver's license suspension.
Don’t take the field sobriety tests.
Unlike the blood or breath test (chemical tests), there is NO penalty for refusing to take the field sobriety tests.
Field sobriety tests are used to gain probable cause to make a DUI arrest, and footage from these tests is used against defendants in court to secure a conviction. We strongly suggest that you politely refuse to take these roadside tests.
Do consider a plea bargain, but only after consulting with your attorney.
A plea deal can be a good way to get a reduced sentence or charges. Often, prosecutors offer these deals to end cases more quickly and to get defendants to plead guilty. While favorable in some situations, it may not be the right choice in your case, so consult with your attorney.
Don't fail to show up to your court hearings.
Our firm may be able to handle your case even if you are not present. Before assuming, make sure you have a definite knowledge of when your presence is required at a hearing and when it is not. Your attorney will be able to advise you on this.
Need a DUI defense attorney to fight your charges? Contact the Law Offices of Virginia L. Landry, Inc. to work with one of the top DUI defense firms in all of OC! Call now for a free case evaluation with the DUI Queen!