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What Do I Do if Get Pulled Over for A DUI?

The Law Office of Joel M. Bacher March 3, 2018

A night out at the bar in the Wayne area can lead to a DUI charge if you are not careful. There is nothing wrong with having a few drinks with friends and relaxing after work, but it is illegal to get behind the wheel if your blood alcohol content is 0.08 percent or higher.

Often, people are not aware of how intoxicated they are until law enforcement pulls them over and they end up with DUI charges. If you ever find yourself at a DUI checkpoint or with the police in your rearview mirror, flashing their lights to pull you over, consider the following information about your rights.

Comply and Exercise Your Constitutional Rights

You may feel panicky and want to try to explain things to the officer. For example, maybe you think you will get in less trouble if you claim you only had a couple of drinks. However, it is imperative that you stay calm and remember that you have the right to avoid self-incrimination. Avoid saying anything that the authorities could interpret as an admission of guilt. You should comply with the officer. Think about your circumstances. If you suspect your BAC is over the legal limit, you need to think about how taking a breath test could affect your situation.

Breath Testing

Drivers must submit to breath and field sobriety testing. However, they do have the right to refuse the breath test. Refusal does not prevent you from receiving a DUI charge. It does, however, require you to submit to chemical testing (urine or blood sample). Not taking the breath test carries a mandatory suspension period for your driving privileges and fines. The penalties are much higher if law enforcement apprehends you for a DUI in a school zone.

DUIs are serious matters, but there are many defense strategies that people use to receive lower penalties or even get the charges dropped.