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What to Do If Your Pulled Over Or Arrested For DUI
For many people, a DUI is their first arrest and criminal charge. A DUI can result in serious consequences, including jail time, fines, surcharges, community service, and loss of driving privileges. Additionally, people with DUI convictions on their records find their car insurance premiums sky high, if they do get insurance. Finally, a DUI conviction can be a permanent part of a person’s driving record for life, – there for potential employers to see each and every time you apply for a work.
If you are arrested and charged with drunk driving or driving under the influence, you are facing criminal charges that will have a long-term and serious impact on your life. Call an experienced DUI attorney or DUI attorney right away.
Once you have hired an experienced DUI attorney they should act quickly to prepare your case for your first preliminary hearing or trial; to obtain copies of police reports and videotapes, to review evidence and develop legal and factual defenses. They should subpoena the police officer and cross-examine him as part of our effort to examine every avenue to find all possible weaknesses in the state’s case against you.
There may also be medical records, accident reports, cell phone records, or drug prescription records that need to be obtained. The sooner the facts can be reviewed by a DUI attorney or DUI attorney, the better your chances of a favorable outcome.
If I’m pulled over and an officer asks me, “Have you been drinking?” What can I say?
One way is to answer, “I want to talk to my lawyer.” No matter what DUI attorney you hire, it’s always the best answer.
If you say, “No” and the officer smells alcohol on your breath you have proven yourself a liar and your lie will be used against you.
If you say, “Yes” you give the officer one more clue and start making damaging admissions. Don’t worry if the officer threatens to put you in jail. The officer has always decided to arrest you and take you to jail..
How can I avoid getting arrested for DUI?
Some people feel that the wisest decision is not to give a breath or blood sample. The officer will likely tell you that you will be arrested if you do not take the breathalyzer or blood test, and that your license will be suspended.
What they don’t tell you is that if you blow or have a blood alcohol level of .08 (the legal limit) or higher, you will be arrested and your license will still be suspended.
Do I automatically lose my license when I am arrested for DUI?
No. If you have been arrested for DUI act quickly and contact a qualified DUI attorney as soon as possible!
If my license is suspended for a DUI, can I get a driver’s license to work?
In almost all cases, yes. Depending on your criminal and driving record, we can almost always get you a Restricted Driver’s License that allows you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties.
What are the main areas of concern in a DUI case?
1. Whether the suspension is constitutional,
2. Whether the administration of roadside tests is constitutional,
3. If there is Probable Cause to arrest,
4. How the Miranda warnings played a role in the case with statements and other evidence,
5. How Field Sobriety Tests or other roadside tests are conducted,
6. The handling, chain of custody and preservation of any Breath or Blood Sample provided,
7. The constitutionality of search and seizure under the Tennessee and United States Constitutions.
Soon your day in court will come. It seems like everything is stacked against you, but the state prosecutor has to prove their case beyond a reasonable doubt. That is a very high standard and an experienced DUI attorney will fight to protect your rights, using every legal and investigative method at their disposal.
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