Being stopped while drinking and driving can be a traumatic experience. Especially if you are in jeopardy to lose your license. Also, court hearings, trials will probably won’t be too appealing. If you are caught while drinking, there are still something you can do, to keep your license.
Avoid getting stopped
If you have been drinking during the night, think about asking a friend to drive your car, or catch a cab. If these is no other way, make sure that your car is fully operating and that its functions are working properly. In this way, the police won’t have a reason to stop you. Try to minimize your possibilities of getting caught. If you already know where the checkpoints will be, take another route to avoid them.
Be polite to the officer
If you end up getting pulled over, make sure to be very polite and cooperative. Maybe the police officer stopped because of a completely different thing. If not, you can always plead on Fifth, innocent until proven guilty. When an officer asks you if you have been drinking, politely decline. Make sure that Miranda laws don’t apply to DUI. You should remember everything about the questioning and sobriety field test because it can help you further in the case. Try to do the test the best you can, keep calm and collected.
Hire DUI Attorney
A good attorney who has a lot of experience will be able to help you and point you out in the right direction. Together with your attorney, you can challenge the officers to cause for stopping you. In most states, the police officers must have a good reason before he stops an individual. Keep in mind that sobriety test is 65% valid and based on officer’s opinion, so might be able to challenge that. Discuss the case with your attorney and try to get some witnesses that will testify in your advance. You can always consider a plea bargain, this will lead to less harsh punishment and might help you keep your license.
In every state of U.S. driving under the influence of alcohol or some substances is highly punishable. If a person if driving under the influence, he can have his license revoked and maybe get some jail time. These punishments won’t only affect you, but your family as well. With everything said, some things can help you avoid DUI and even charges reduced.
Avoid DUI arrest
It is one of the first things that are still up to you. If you plan to drive, don’t get drunk or at least keep that level up to .08%, which is the legal limit. Before you start to drink, make sure to know how many drinks you can have before you reach the upper limit. Different factors may influence on that, such as body weight and, metabolism. If you are taking some medications, make sure to know the side effects. You can always try public transportation or taxi if you don’t feel good enough to drive.
Understand the DUI laws
Every state has different laws, which apply differently. If you get familiar with these laws, you have better chances of avoiding the DUI arrest. Find about BAC levels, fines, jail time and restrictions. Researching the laws regarding your state is important. It will help you anticipate the problems in advance. Make sure to find the examples of your case, if you are caught drunk driving.
Make sure to know everything about tests
There are different types of tests police officers use to determine whether the individual is drunk. The first one is the field sobriety test; you will be asked to take it on the spot. The second one is a chemical test, where the police will test your blood and urine samples. It is important to remember everything about these tests because you might be able to use something to your advantage. You can always decline the test, but in the court, you will be considered guilty.
It is one of the most important steps to get back your life on the track, but also it can be a challenging road. If you have a car insurance, you will be able to retrieve your driving license again. It is a crucial thing if you depend on the car, to go to work or to support your family. It can happen to everyone; you just need to put this behind you and rectify your actions.
Understand the situation
You need to realize that this isn’t going to be a cheap and easy process. If you were caught drunk driving, then your insurance company will likely to put you in high – risk category. In most cases, this means bigger costs. They won’t risk with you and depending on your policy, type of car, insurance these costs can go up to $9,000.
Fight the charge
With the help of a good attorney, you can always fight these charges. He might the be able to reduce your charges without taking your license away. The insurance company won’t check your case if you don’t ask them to. In some states, unless your charges are dropped, DUI will be visible on your record. It can last between 3 and ten years for the state to clean your record. So, be careful!
Request quotes from insurance companies
The are many companies online which promote their services for DUI drivers. There are many factors you need to consider before hiring the one. For example, the severity of your charges, driving record, state, the actual insurance you need and so on. Whatever agency you come across, as from them to send you the quotes. Once you compare their services and prices, you will know which agency to choose.
Choose between several policies
The non-owner policy is for a person who doesn’t own a car but still occasionally drives. It will satisfy states laws, and you will be able to borrow or rent a car. Assigned risk program is specially designed for people who have a hard time to qualify for the insurance policy. This program can be expensive, use it as your last solution. SR – 22 requirements, this is a certificate you will fill in after you have acquired a car insurance.
Every person is pulled at least once by the police officer due to DUI. If you take a road side test, that doesn’t incriminate you in the court, but if you are lead to the station to take a test, the that is a completely different scenario. If alcohol is found in your blood, you will be charged. Fortunately, there are still few tricks that can help you.
Be polite to officer
If you are stopped during a routine check, don’t look to suspicions and cooperate with the police officer. Demonstrate that you are in control and that you can control your motions. Be careful not to reveal too many information about your previous activities. Be friendly and polite.
If you are still asked to take a test, and you have been drinking in the past hour, your best chances to pass it is to hyperventilate. Take a few fast breaths and forcefully exhale them. With this, you have a good chance to reduce the level by 11%, which will be quite enough if you are just above the legal limit.
Decrease your exhale
When you blow into the breathalyzer, decrease your exhale and keep it short. Some devices used for roadside testing, use samples as the exhale decries and this breath comes from the deepest part of your lounges. If you keep your breath short, you will have better chances to get lower results.
Make sure to trigger the device
If the device can’t pick up your breath from the first two attempts, the police officer may consider this as a refusal to comply with his order. If you aren’t able to trick the device, stop trying, you will only end up in bigger trouble, which can lead you to DUI conviction followed with other consequences.
It is a steep road, especially if this is your first offense. What you think is a mitigating circumstance, but the state doesn’t share your opinion. Prosecutors are pretty determined in their claims since you represent a threat to public safety.
Hire an attorney
When a case is a lead against you, an attorney help is of vital importance. You need to find the best attorney, able to present your case and defend you on the court. Use the internet, or ask a friend for a recommendation. The good attorney usually sticks out, but keep in mind that there are so many great attorneys out there who don’t have a good ad. Before deciding for one, interview them all, ask them questions and compare their services, then choose the one you think is right.
Prepare for your case
It is important to know what you are fighting against. Evaluate the evidence and discuss them with your lawyer. Depending on what evidence prosecution has against you, you might be able to build a strong case. Examine the reason why were you stopped at first place. If the police officer didn’t have probable cause, that fact could be used as evidence in your advantage. Consider you physical and medical conditions, if you have any, they can interfere with the results. Also, you can interview the witnesses, if someone was in a car with you, it could testify on how many drinks did you have.
Make an arrangement with a prosecutor
Many states have driving schools, and if you hasten and finish your school in the record time, you will send a positive signal to a prosecutor. And how seriously you are taking this matter. You attorney which school to choose and how many classes you will need to attend. Schedule a meeting with substance abused professional; he will evaluate your state and give you recommendations, if you have a serious problem with alcohol. With this act, you don’t admit that you are guilty, just that you need help. Your attorney can always negotiate with a prosecutor and try to plea a barging. The weaker case you have, the better the chances are for a drop.
People often misunderstand what double jeopardy is and how is connected to DUI. In cases when a person is arrested for DUI, his license is take away by the officer who performed the arrest. He is also given the notice to appear in court, facing potential criminal charges for DUI.
Two different terms
These are two completely different procedures. For example, if a person is driving with blood alcohol of .08% he will be suspended, and a police officer will exclude him from the traffic. In most states of U.S., this the upper limit person is allowed to have. On the other hand, apart from this arrest, he will face two separate offenses. First one, driving under the influence of alcohol and second, driving with .08% of alcohol in his blood. In this case, even though he performed only one ride, he will be prosecuted for two different crimes. A person can be convicted for both violations, but only charged for one.
It doesn’t get better
We have a situation where a driver is already punished for driving under the influence; he broke the upper limit of .08%; his license has been suspended, and motor vehicle agency is in charged for that. If later state manages to prove a case against him for drunk driving, he is about to be punished again. It may involve a monetary fine, jail, DUI school and so on. In most cases, his license will be revoked.
By our Fifth Amendment, a person cannot be punished two times for the same crime. Cleary, we are witnessing here an exception to the Constitution. The court clearly struggles here when DUI and double jeopardy is involved, but still, it can charge a person for two separate crimes. Even though, we are discussing here only one violation which is alcohol abuse. The person has been charged with DUI and breaking the upper limit of alcohol in the blood, which is .08%. Of course, people have the opportunity to fight these decisions if they hire a good defense lawyer. The court may take into consideration if this is the first-time event.