Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « How to Avoid a DUI/DWI Arrest
1
- Imagine that you have gone out for a dinner, to a party, or to spend an evening with friends. There you have taken a couple of drinks for example 2 to 3 drinks over a two hour period. Still you feel fine enough and you are sure that you will be able to drive home safely without any problem.
While traveling towards home on the way to home, a very minor, nit-picking traffic violation is committed by you such as:
-
You have rolled a stop sign.
-
You have run a yellow light.
-
You have not come to a complete stop behind the white line at an intersection.
-
You have changed lanes without a turn signal.
-
You have changed lanes within 100 feet of an intersection
At the same time while you commit that violation an officer is on DWI STEP patrol that night, this means that he is there to perform a specific duty of making some DWI arrests and for this he is getting an overtime. He has seen your violation for which he pulls you over. He comes close to your car and asks for your license and registration. You hand it over to him and ask him if anything is wrong. He might shine his flashlight directly into your eyes, which makes you wince. He then asks you that,
“How much have you had to drink tonight?”
What will you do if this happens to you?
First and most important thing is that, you must understand that once you are asked this question that how much you had to drink that night, you are now become officially the subject of a DWI investigation, so be serious and don’t take it lightly. Because from now everything you say and whatever you do is being recorded as an evidence against you, so behave and answer wisely considering it to be a serious matter.
Secondly, if you tell the officer what the truth is, that you had, a couple of beers, then probably you are sent to jail for DWI. No matter what are the circumstances, they don’t bother that, if a person has admitted that he has something to drink, it simply results in being arrested for and charged with DWI.
It would not be that much easy or cheap to prove at the trial that a person is not guilty. The defense of a person who has accepted at initial stages that he has something to drink that night becomes most difficult and this is because the prosecution always argues that everyone always says that they only had a couple of beers even if they had more than that.
So here a question might appear in your mind that what you should say when asked if you have had anything to drink. You will be disappointed to hear but even I cannot exactly tell you what to say at that time, it only depends on your presence of mind and your circumstances. However, I can give you an advice related to this issue.
If you accept that you have something to drink before you drive it will probably sent you to jail for the charge of DWI.
You should keep in mind that any statements you make to the police officer are being recorded, so if you say you have had anything to drink you have just attempted to make your legal defense more difficult.
Here a question may arise in your mind that what if I pass the field sobriety tests?
The answer to this question will be that even if you have been completely sober at the time the test is to be taken, you will probably fail the field sobriety tests. This is because the field sobriety tests are designed in a way that you can never pass them. That is why you should not take them.
You might also like
 |
 |
 |
|
One commentto “How to Avoid a DUI/DWI Arrest”