What You Need To Know About A DUI
If you were arrested for driving under the influence of alcohol, there are a few things you can do to help you win your case — or better yet, have the charges against you dropped before you ever go to trial.
Use Your Rights
Most TV shows and movies show officers reading a person they’ve arrested their Miranda rights as soon as they slap the cuffs on their wrist. This doesn’t usually happen in real life. Officers will try to question or intimidate you and wait until they have evidence against you and your statement to read you your rights. You don’t have to wait until you are told that you have the right to remain silent and the right to an attorney — you have those rights from the moment you are detained. Use them. Stay quiet and call a lawyer as soon as possible.
Get an Independent Blood Test — Or At Least Ask for One
You also have the right to be released from jail to get an independent blood test. This means you have the right to go to a testing facility of your choosing, have your blood drawn by your own nurse or phlebotomist, and have a different sample your blood processed completely separately from any blood taken by a laboratory or hospital selected by the police.
Many people don’t know where to go to get an independent blood test — that’s okay. Your attorney can help with that. However, you should at the very least ask to be released to exercise your right to obtain an independent test. If the officers tell you no or interfere in any way with this right, you may be able to have the blood or breath test results that they obtained omitted from court.
Write Down Everything That Happened
As soon as possible, write down everything that happened from the moment you noticed the flashing lights behind you. Write it as you remember it and include every detail you can. If your case does go to trial, and test results are thrown out of court, it may boil down to your word against the officer’s.
The officer will have written a police report so he or she can recall the facts of the arrest, however, it will most likely be generic because they arrest people every day for drunk driving and it’s unlikely you stand out from anyone else. Regardless, the prosecution will challenge your memory. If you have a written statement to refer back to, this thwarts the prosecution’s attempt to make the officer look more prepared and honest.
Contact Thomas Kokonowski, Esq. Today
No one can legally interfere with your right to an attorney after a DUI arrest. Contact the Law Offices of Thomas Kokonowski, Esq. today to learn more about how you can beat your DUI.