If you’ve been arrested for a misdemeanor DUI, you may start to panic. You may believe you’re about to have your driver’s license taken away and a large mark placed your criminal record. Fortunately, this isn’t always the case. With the right legal help and an understanding of how most DUI cases work, you can walk away from your arrest with no record and no guilty verdict. All it takes is making the right moves and having the right legal council on your side. If you get arrested for a DUI, here are four tips to keep in mind to help you win your case.
There are a number of different tests that an officer may try to give you when they pull you over. The first type of test they will likely try to convince you to take is a field sobriety test. You’re likely familiar with many of these tests, such as walking in a straight line or standing on one leg. If you take a sobriety test, be ready to fail it, even if you did everything perfect. These tests are often done simply so the officer can cite them as proof that you were drunk. Fortunately, you’re well within your legal rights to refuse to take such a test. There is no penalty for doing so. The same is true for a breathalyzer test—you can and should refuse to take it.
When it comes to chemical tests, however, you need to strongly think about the penalty of refusing. The Department of Motor Vehicles will automatically suspend your driver’s license if you refuse this test. It should be noted, chemical tests are only administered after arrest. A chemical test falls under the implied consent law – basically, simply by driving, you’re agreeing to take a chemical test to determine your blood alcohol content. It’s fine to refuse field sobriety tests and breathalyzer tests because they carry no penalty, but you should agree to a chemical test to avoid the automatic suspension and any other penalty. These penalties vary from state to state and may include fines and jail time.
When you’re presented with a chemical test, you may be given an option between the urine and the blood test. Officers who are hoping for a quick arrest and easy conviction will often try to talk you into the urine test or even present it as your only option. Always demand to do the blood test. There are a few reasons for this. First, it takes longer. This gives you more time to prepare your defense. Second, the longer it takes for your blood test to be done, the less alcohol will show up. This can help you avoid being charged with a DUI at all.
Over time, your blood alcohol level returns to normal. That’s why it’s ideal if at least three hours have lapsed from the time of arrest to the time your blood is drawn for the test. By that time, your blood alcohol content has dropped, and it’s likely that the test will be thrown out of court for being inaccurate. In many cases, it comes back showing normal, which means the prosecution will want to throw it out because it hurts their case. While you may not have control over when the test is done, you can feel more relaxed about the entire situation if several hours have passed between your arrest and the blood draw.
There’s no reason why you have to go through the DUI process alone. You have a right to legal representation, and it’s a right you need to exercise as soon as you possibly can. With a lawyer by your side, especially one who specializes in DUI arrests, you’ll have access to years of experience in DUI cases. There’s no reason not to take advantage of such a resource, especially if you have never been arrested before and aren’t sure what the process entails.
Remember, your criminal record is permanent, and there’s not much you can do to erase a DUI charge once it’s there. You want to do everything you possibly can to keep your record pristine, and that means fighting this arrest with everything you have. Hiring a lawyer to navigate the legal process is your best bet at preserving your record.
If you’re dealing with a DUI arrest, you want the best help in town. Contact H Law immediately. All of our legal professionals have years of experience in DUI arrests and are ready to help you avoid a wrongful conviction. Contact us today at (phone number or email) to discuss your case and how we can help.