You likely are already aware that it's never a good idea to drink and drive, but if you should make a mistake and find yourself being pulled over for a DUI, you are going to want to choose your next actions carefully if you want to have any chance of beating the case in court. Obviously, one of the first things you should do when you get the opportunity is to hire an attorney that specializes in DUI in your state. But until you can make that phone call, here are some tips for what you should and should not do in the immediate aftermath of being pulled over.
Refuse The Field Sobriety Test
The police have a variety of tools at their disposal to try and decide if someone is legally drunk behind the wheel. One of those tools is the field sobriety test where the officer may ask you a series of questions or ask you to perform certain actions. What you need to realize is that this field test is subjective and it's entirely up to the officer to decide if you are drunk or not. Your best option here to not give them that opportunity, even if it might cause your license to be suspended. That's still a better choice than being convicted of DUI.
Refuse the Handheld Breathalyzer Test at the Scene
As with the field sobriety test, you are also under no obligation to take a handheld breathalyzer test on the side of the road. If the officer asks why you don't want to take it, you can say that you believe handheld breathalyzers are notoriously unreliable and the results may be skewed. Again, there may be other consequences for refusing the test, but you are not legally obligated to comply.
If Required to Give a Chemical Test, Choose the Breath Option Over Blood
In most states, while you have the right to refuse a field or handheld breathalyzer test, you likely will still have to take a chemical test once brought to the police station or local hospital. In most cases, suspects are legally obligated to take a chemical test in order to determine their blood alcohol content. But you will also likely be given the choice of taking either a blood test or a breath test. If given the option, choose the breath test. This chemical breath test is more reliable than a handheld breathalyzer but it's less reliable than the blood test, which means there's a better chance your lawyer will be able to get it thrown out.
If you are suspected of DUI, remember that you don't have to take a field sobriety or handheld breathalyzer test on site. If you are booked anyway, you may be legally obligated to take a chemical test at the police station or local hospital, but you can say you don't want your blood drawn and can ask for a chemical breath test instead. Follow these instructions to give your DUI attorney a good shot at helping you beat the charges. Contact a firm like Boehmer Law to learn more.