Driving After a DUI

How To Protect Your Right To Drive After A DUI

A Driving under the influence arrest can affect you for the rest of your life, especially if you admit to being guilty of the crime. Knowing what to do after an arrest and implementing the help of an experienced criminal attorney can help get you back on the road again.

Avoid Resisting Arrest

Resisting arrest and arguing with the police officer in charge will only worsen your case. If you resist, you can also accumulate additional charges on top of the original charge. Once an officer has deemed it necessary to place you under arrest for suspicion of driving while intoxicated, there isn’t much you can do. If you become unruly and argumentative, excessive force and other tactics may be used. Whether you ask Oakland or Orlando DUI lawyers, you will hear that your best bet is to remain calm and follow the officer's orders closely. While you may not agree with their decision at the time, you still have to abide by the law.

Know Your Rights

Before an officer will begin questioning, your Miranda Rights should have been read. This includes the right to remain silent and speak to an attorney before the interrogation process is started. You must relay to the officer that you are invoking your rights. Otherwise, your silence could be misconstrued as being uncooperative, and they may see you as being difficult. Answering any questions without the presence of an attorney and without invoking your Miranda Rights will waive them automatically.

Request Duplicate DUI Blood Test

Driving under the influence testing may be performed using chemical, urinalysis or blood testing, and you can request a separate sample to be drawn and tested. This will allow your criminal defense attorney access to your sample in case you need to be retested for any reason. The results of the second test can then be compared to the evidence taken from the police officer. You are within your rights to request this additional test.

Enlist A DUI Attorney

A criminal defense attorney that is experienced with DUI cases has the knowledge and experience to handle your case properly. They will be able to utilize the laws in your jurisdiction, legal rights and evidence to defend the charges that were placed against you. They will also be able to investigate the details of your case to determine the best course of action that you should take. Through the help of a criminal defense attorney, you may gain a favorable outcome such as having your charges dismissed.

Comply With Mandatory Procedures

After your arrest, you will be required to submit to mandatory police procedures such as a photograph and fingerprinting. Refusal to comply with this protocol will make matters worse for your case and can be held against you later on. Your attorney can review the way the police procedures were handled and if they were violated in any way. If there were any illegal dealings as a way to gain information, your attorney may have legal recourse against the police department, and the individuals involved in your arrest.

Accepting a driving under the influence charge without fighting your case can cause severe repercussions that will affect your career, family and social life for years to come. By knowing your rights and enlisting the help of a trusted and experienced criminal defense attorney, you can protect your right to getting back behind the wheel.

Author Nadine Swayne writes, not to advocate for drinking and driving, but to advocate for the rights of responsible persons who may have a drink. Having your case handled legally could mean the difference between a fine or an unwarranted severe punishment.


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