The majority of people know that you can get in trouble for drinking and driving. What many don't realize is that you don't necessarily have to have a blood alcohol content of .08% or higher to end up with a charge. Driving recklessly, showing signs of intoxication and other driving mistakes can add up and make an officer believe that a DUI is exactly what took place.
The good news is that people who are accused of drinking and driving have the opportunity to fight those charges. If you are arrested, keep these things in mind to protect yourself.
1. Keep quiet
When you're stopped for a traffic violation, you don't need to admit that you've been drinking or that you have alcohol in your car. All you need to do is to give the officer your license and registration. Small talk, like what most officers ask for when you roll down your window, gives them an opportunity to smell and see into your vehicle.
2. You gave permission to take a Breathalyzer test
If there is a good reason to request it, the officer can ask you to take a breath test. It is in your best interests to take it unless you believe you're over the enhanced penalty limit. If you refuse a breath test, you'll face the loss of your license for at least a year, so weigh your choices before deciding.
3. You can ask for your attorney
The next thing to remember is that you do have a right to have your attorney present. You can call and ask for your attorney, so that they are there if the police want to interview you. You should not admit guilt to the police or give them any information that could help them penalize you.
A DUI has the potential to be life-changing, especially if someone was hurt or killed as a result of your driving after a drink. Even if you weren't over the limit, there is a potential for the prosecution to try to get a conviction. Fortunately, your attorney can help you fight against that kind of unfair treatment and make sure that you don't face any penalties that are unfair based on the case. With the right help, it may even be possible to have the charges dropped completely, so they don't have any kind of lasting effect on your life in the future.