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Exercise Your Legal RIGHTS when Stopped for a possible DUI

Written by David O
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Exercise Your Legal RIGHTS when Stopped for a possible DUI

If you’re being stopped for a possible DUI (driving under the influence) it is super important that you exercise your legal rights! When you exercise your legal rights, you help protect yourself. If you don’t exercise your DUI rights, you will likely make your situation worse.

American Flag used in possible DUI blogExercise Your Legal Rights when Stopped for a possible DUI

  1. Exercise your right to an attorney. You have the right to either a private DUI attorney or a public defender. When being questioned by law enforcement, politely request to speak to your DUI attorney. If the officer doesn’t respond, ask again. The officer must give you the opportunity to contact an attorney, it is your legal right.
  2. Exercise your right to remain silent. A person has the right to remain silent both before and after a DUI arrest. It is very important to minimize talking to only requesting to speak with an attorney and that you would like to remain silent for the reminder of the questioning and arrest. If you don’t exercise your right to remain silent you will likely talk yourself into a conviction and into further legal trouble.
  3. Exercise your right to refuse search of any type of personal belongings, home, or vehicle. You have the right to be free from any unreasonable searches. Do not give the police permission to search your vehicle or personal items. The only exception is when the police reasonably believe you may be carrying a dangerous instrument, they can search for their safety.
  4. Refuse to perform the DUI field sobriety tests. These tests are voluntary tests, meaning you make the decision to take the test or not. You will not be in any legal trouble if you refuse to perform the DUI field sobriety tests. They are very difficult tests and designed for you to fail. Do not take the test.
  5. Refuse to take the DUI portable breath test. The DUI portable breath test is also a voluntary test, do not take the test. If you are arrested for DUI, you will be taken to the police station. While at the station be cooperative and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.

Now that you know some of your legal rights while being investigated for DUI, use them! And remember whenever stopped for a possible DUI ask to speak to your attorney immediately and exercise your right to remain silent!

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Stay Safe and Avoid a Holiday DUI

Written by David O
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Stay Safe and Avoid a Holiday DUI

The holidays are great; twinkling lights, exchanging gifts, wonderful food, spending time with friends and family, and perhaps some warm fuzzy holiday cocktails. If your merriment will involve some alcohol infused beverages make sure to be responsible to keep yourself safe and everyone else safe. Being a responsible drinker is also the best way to avoid being busted with a holiday DUI charge.

Holiday Party / Avoid Holiday DUI

Stay Safe and Avoid a Holiday DUI

  • Of course the simplest way to stay safe while driving and avoid getting a DUI (driving under the influence) charge is NOT to drink any alcohol and abstain from drugs.
  • If you know you will be drinking with someone or a group of people, choose a designated sober driver ahead of time.  A designated driver is someone who does not consume any alcohol or drugs throughout the day.  Often times people will take turns being the designated driver.
  • If you don’t have a designated sober driver and you plan to drink, take advantage of all the great public transportation options; taxi, bus, party bus, Uber, Rideshare, etc.
  • If you’ve only had a few drinks and feel fine, it is best NOT to drive.  DUI patrols are increased during the holiday.  If you happened to be pulled over by law enforcement and they believe you are under the influence, they could still charge you with DUI even if you are under the legal limit of a BAC of 0.08.
  • If you see a friend or family member under the influence of alcohol or drugs and wants to drive, try to get their car keys and suggest an alternative way for them to get home safely. See our blog, “How You can Prevent a DUI – Tips on getting the Car Keys” for helpful hints.

 

Staying safe and avoiding a holiday DUI charge isn’t difficult.  It just requires planning ahead and making good decisions. Make sure to drink responsibly and keep everyone safe!

Happy Holidays from the staff and DUI attorneys of David O Defense.

 

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What To Do when You See Flashing Red Lights in your Rear View Mirror

Written by David O
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What To Do when You See Flashing Red Lights in your Rear View Mirror

Police car with Flashing Red LightsIt’s the holiday season which is filled with joy and  sparkling Christmas lights.  It’s also a time of year that you may see flashing red lights in your rear view mirror…  the flashing red lights of a police officer’s car.  Patrol units always increase during the holidays and if you get pulled over it can be quite the holiday buzz kill!

Don’t worry, we have some tips for you that you could use any time of the year when you are faced with flashing red lights in your rear view mirror. By following our tips you should have a better experience with the police and perhaps avoid a ticket or an arrest.

What to Do when you See A Patrol Car Following You

Don’t start to panic if you see a patrol car start to follow you, this doesn’t always mean you did something wrong.  Perhaps you just caught their attention by doing something such as; playing loud music, your car is noisy, eating while driving, grooming while driving, out of state license plates, etc.  If you are being followed remember to:

  1. Stay calm and drive safely.  Drive at the speed limit and obey all traffic laws.
  2. Avoid looking in the rear view mirror constantly.  Keep your eyes on the road and occasionally check to see if the officer is still following.  If you keep looking in the rear view mirror, the police may become even more suspicious.
  3. Don’t try to lose the police.  Taking the quickest turn onto the next road or exiting the freeway immediately may trigger the police to pull you over.  Simply remain calm and continue to drive to your destination.

What To Do when you See Flashing Red Lights in Your Rear View Mirror

It’s a bummer when you see the emergency lights of a patrol car activated and you realize those flashing red lights are for you.  This is no time to panic!  It’s a time to remain calm and present yourself in the best possible manner to the police.  Hopefully you can avoid a ticket or an arrest by following these tips:

  1. Pull over immediately in a safe area.  If the officer does not like where you are pulling over they will tell you with hand signals or over their PA system.
  2. Park your car and set the parking break.  Turn your engine off if the officer tells you to do so.
  3. Roll down your car window. Turn on the interior light if the officer tells you to do so.
  4. Place your hands on top of the car’s steering wheel and do not reach for your license and registration until the officer requests for them.
  5. All passengers should remain calm and keep their hands in plain view.  Additionally, they should make occasional eye contact with the police, if you don’t look, police become suspicious.
  6. Don’t talk too much to the police.  Follow directions, be respectful, and answers questions but keep it short.  Nobody talks their way out of a situation, so don’t try.  Don’t try to become a police officer’s friend, they are working not trying to make friends.
  7. If the police think you may be DUI (driving under the influence) ask to call your DUI attorney immediately.  And do not take the voluntary field sobriety tests or the DUI portable breathalyzer test.

Santa and reindeer for flashing red light blog

 

Hopefully by following these tips your holiday season will remain Merry and Bright with or without flashing red lights!

Drive safe and Happy Holidays from the DUI attorneys, criminal defense attorneys, and staff at David O Defense!

 

 

 

 

 

 

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