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A Guide to Getting Out of a DUI Charge

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Posted: 28th November 2023 by
Lawyer Monthly
Last updated 12th July 2024
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Thousands of fatalities are recorded each year because of DUI cases, which is why traffic enforcers are serious about implementing these rules.

However, that’s not to say that all DUI-related arrests are justified. Sometimes, authorities stretch their powers and insist that you have been driving drunk even though you haven’t.

Getting out of a DUI citation can be difficult, especially if you’re dealing with an officer who’s difficult to deal with. So long as you do these important tips, you should be able to walk away from the charge without hefty fees and even jail time.

1. Be reasonable and avoid any drastic movements

If you know you haven’t had anything to drink before and during your trip, there’s no reason for you to act hostile. Be polite and cooperate with the officer who pulled you over. Ask why you’ve been pulled over and explain as honestly as you can. 

2. Don’t give in to incriminating tests and questions

You can divulge your name, age, and other details, but when they ask if you’ve been drinking, the safest option is not to say anything, especially if you have had just a small shot of tequila. When the officer asks you to take a sobriety test, you have the right to decline until you get an attorney and undertake a DUI alcohol evaluation by a third party. The worst you could face is a license suspension, but so long as you play your cards right, you might not get the full extent of the penalty.

3. Recall and write everything down

If you’re treated unreasonably due to a suspected DUI charge, you may be in the position to file a claim for wrongful arrest. However, this might not hold up in court if you lack proper evidence. 

Regardless of whether you drink or not, the arresting officer is expected to follow protocols like reading your Miranda Rights and taking you to the station for a chemical test. They are also expected to avoid using force and acting unprofessionally, so pay attention to how you were processed. With this much detail, you have a better chance of disproving the officer’s claim.

4. Reach out to witnesses

It’s not all the time that authorities make mistakes, but when they do, the consequences are far from light on your end. Once you get arrested, the police would assume that they have enough evidence against you, granting that the smell of alcohol in the driver’s seat is already sufficient. You can disprove these claims by reaching out to people who knew where you were and what you were doing before you drove. Their statements could help establish that you didn’t drink the day you were collared.

5. Keep a clean record

While your DUI case is ongoing, the judge may allow you to stay out of jail until it;’s resolved. However, your temporary freedom comes with the condition that you avoid committing new offences. Otherwise, you would only make it harder for the court to let you go scott-free. 

Endnote

Getting charged for a DUI can change your life in a bad way. Whether or not you drank at the time you were arrested, keeping these tips in mind will help keep you clean and free to drive around. 

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