Posts tagged what to do when stopped for DUI

Texas Ranger Pitcher Strikes Out during DUI Investigation

Texas Ranger Pitcher, Jeremy Jeffress, obviously has not read the blog article, “What To Do – When Stopped for a DUI,” because he did not follow the suggested advice provided by the DUI attorneys at David O Defense. In fact, Jeffress made three major mistakes during the DUI investigation.

According to the Dallas Texas police, on August 26th, Jeremy Jeffress was pulled over early in the morning for a traffic violation. When police began their questioning, Jeffress made his first major error. Jeffress started talking too much and confessed to police that he had,  “three or four cups of Hennessy cognac mixed with Coca-Cola”. To make matters worse, the female passenger who decided to chime in during the DUI investigation confessed that she and Jeffress were coming from SISU nightclub. Major NO NOs and strike one against Jeffress!

  • The DUI attorneys at David O Defense suggest to not engage in small talk, no need to answer questions about where you have been and what you have been doing. If you do answer these questions it often leads to self-incrimination.

baseball player for DUI and criminal defense blog, dui investigation blogThe Dallas police continued their DUI investigation and asked the pro athlete to perform the DUI field sobriety tests.  Jeffress failed the tests! The police documented that he had poor balance and could not stand on one leg. Strike two!

  • Here at David O Defense, our attorneys always suggest not to take the field sobriety tests. The tests are voluntary. They are very difficult and a completely sober person would have trouble passing these tests. Additionally, any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.

Strike three for Jeffress is not asking police to speak with a DUI attorney during the beginning of the DUI investigation. If Jeffress would have asked to speak with an attorney early on, an experienced DUI attorney would have instructed Jeffress not to talk to police and not to take the field sobriety tests.

  • David O Defense lawyers always suggest to ask for a DUI attorney, it is your legal right. If you do not have a DUI attorney, ask the officer to call a public defender. Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.

Three strikes and Jeffress is out, BUMMER! The police arrested the pitcher and transported him to a nearby station where he was charged with DUI.

Here are David O Defenses’s 4 key points to remember during a DUI investigation

  1. Respect – Be respectful to law enforcement.
  2. Ask – Ask to speak with a DUI attorney.
  3. Don’t Talk – You cannot talk yourself out of a DUI arrest.
  4. No DUI Tests – Do not take the voluntary DUI Tests.

 

What You Do ~ When Stopped for DUI

when stopped for DUIHave you ever been pulled over by law enforcement or been questioned by a police officer?  For some of us, it can be very intimidating and gut wrenching, we may forget the simplest things and our thoughts may become jumbled.  And just imagine being pulled over knowing you may have consumed some alcohol before getting behind the wheel, talk about stressful!  Here is what you do when stopped for DUI… and I’m going to keep it simple and straight forward so you can remember.

  1. Respect
  2. Ask
  3. No Talking
  4. No DUI Tests

Four things to remember; 1. Respect, 2. Ask, 3. No Talking, and 4. No DUI Tests.  Not too difficult to remember and if you follow these tips you will have a much better chance resolving your DUI case favorably or getting your DUI charge dismissed.

Let’s expand on what you do when stopped for DUI

  1. Respect – Show respect to the law enforcement officer.  Being respectful and polite will make the investigation go much quicker and smoother.  On the flip side, if you are disrespectful and uncooperative to the officer, the situation will only get worse and you may even rack up additional criminal charges such as; obstruction of justice.  Be respectful.
  2. Ask – Immediately ask the law enforcement officer to call your DUI attorney, it is your legal right.  If you do not have a DUI attorney, ask the officer to call a public defender.  Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.  Also, if English is not your first language and you are having difficulty understanding what the law enforcement officer is saying, ask for an interpreter.  To recap, immediately ask for a DUI attorney and ask for an interpreter if needed.
  3. No Talking – Do not try to talk your way out of the DUI investigation, it never works!  In fact, talking most often leads to self-incrimination.  For example if the officer asks if you had anything to drink that evening, most will often answer with saying they had something; one drink, two beers, one glass of wine, etc. and now they have admitted to the officer they did drink before driving, this does not help a DUI case.  If that person respectfully declined to answer that question than they would be in a much better situation for their DUI case because they never admitted to drinking alcohol.  Keep talking to the very minimum, only state your name, ask for your attorney and interpreter, and respectfully decline all other questions.  It is your legal right to remain silent, you will not get in trouble for not answering the officer’s questions.
  4. No DUI Tests – Do not take the DUI field sobriety tests or blow into the portable breathalyzer.  Both of these tests are voluntary, and you should respectfully decline taking these tests.  The DUI field sobriety tests are very difficult and a completely sober person would have trouble passing these tests.  Any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.  Blowing into the portable breathalyzer can be incriminating evidence used against you.  Don’t take the DUI tests.

When stopped for DUI and your starting to feel anxious, just remember; Respect, Ask, No Talking, & No DUI Tests.  Give me a call if you need a reputable DUI attorney, David O, 206-459-6392.

 

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

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