7 Things to remember when getting arrested for DUI

by Sam Smith

Driving under the influence of alcohol or other substances is dangerous. It can also result in criminal offenses on the offending driver. For one, driving under any influence can result in higher premiums for the offender, loss of driving privileges and considerable fines. Thus, avoiding DUI in the first place is more reasonable.

Unfortunately, if one is arrested for DUI, there is little to be done that would prevent the officer booking and eventually requiring the offending party to appear in court. However, knowing some things not to do may affect the outcome of the court decision. The arresting officer can frame the offense depending on the circumstances leading to the arrest. The framing of the offense may also be affected by what prompted the arrest. Thus, it is important to know some things to avoid and in some cases, knowing what to do or not to do may even reverse the officer’s decision to arrest the offender in the first place.

Never resist when getting arrested for driving under influence. A revocation form accompanied with the driving license will usually have to e forwarded after the arrest. In some cases, the arrest may not be valid and one may walk. Resisting will only add a valid reason to make the arrest. In fact, there is a 10-day period during which a hearing may be scheduled that may favor the supposedly drunk driver. The DMV is responsible for reviewing the revocation and one has an opportunity to make a defense that may result in the case withdrawal.

During the arrest, avoid withholding the driving license. This is because the license can always be gotten back once you sign a proof of financial responsibility. Alternatively, one can always get the license back at the end of the revocation period. The California driving license allows an offender to continue on the road for another 30 days when under suspension. During this period, one can follow the state procedures to get his or her full license privileges. Getting into a confrontation with the officers will therefore result in more harm then good.

Violence and damage to property is not unusual for DUI cases. The arresting officer may charge the offending driver with felony vandalism in case this happens. Thus, avoid violence, damage to property or any behavior that might be construed to felony vandalism.

What one says or does at the time of any arrest is usually used as further evidence or an offense in a court case. In DUI cases, it is important to remember this. In fact there are countless offenses that are often charged as a result of what was said or done at the time of the arrest. To avoid all of these problems, be friendly, conversational and cooperative with the officers. This will likely result in bfeing charged for DUI only.

Another thing to avoid once one is caught driving under influence is to threaten the officer, use profanity or try to justify getting drunk. This gives the officers further proof that you are drunk and irresponsible.

Immediately one is arrested or about to be charged with DUI, it is prudent to contact a DUI lawyer immediately. Since they are conversant with the DUI laws better than most, they are more likely to argue out the case successfully. Their influence in court decisions is also well attested. It is therefore very important to know in advance what is expected when one is arrested for DUI.

About the Author:
Jennifer Monroe is a Los Angeles Criminal Defense Lawyer who specializes in LA DUI Cases. She is available to assist you in fighting your’ DUI, and removing as much of the damage as possible. Of course, not doing DUI in the first place is the easiest way to avoid problems.

Published by: Sam Smith on February 24th, 2009 | Filed under Legal



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