A DUI stop can be nerve racking. Any encounter with the police can elicit an emotional response from some people. It is important to remember that any case that may stem from a police encounter requires you to set yourself up for success. You can help or hurt your case depending on what you do during a DUI stop. There are a few simple yet effective ways to help your case. If you follow these suggestions, your attorney can help formulate a much better defense for your case.
Be Respectful
It is important to remember that getting aggressive or angry will only escalate a DUI stop. Being respectful of the police officer will eliminate any possibility of the situation escalating. If an officer pulls you over, provide them with your driver’s license, proof of insurance, and registration. You may also ask the officer the reason for the stop. Don’t yell or scream and speak respectfully to the officer. This may be difficult, especially if you feel that there was no reason for the stop in the first place. However, being respectful can set you up for success with your stop and any court case that results from the incident.
If you wish, you can ask the officer to ensure that his body and dashboard cameras are recording the stop. This can help protect you from the officer’s recounting of the events. The video doesn’t lie, and in recent years news stories have made it evident that police do lie. Therefore, it is best to have the event on video so that you and your attorney know exactly what happened.
Remain Silent
You are only obligated to provide your information to the police. You don’t have to answer their questions. Additionally, you can ask questions of the officer if you wish. It is important for your case that you do not say anything incriminating. Remember, that they will use anything you say against you in a court case. The fifth amendment of the Constitution gives you the right not to incriminate yourself. So, you should use this right.
Never admit to having an alcoholic beverage during a DUI stop. Saying that you had a beer four hours earlier gives the officer probable cause. You want to avoid helping the officers prove their case against you. If the officer becomes pushy about answering their questions, state that you are exercising your right to remain silent under the fifth amendment of the constitution.
Do Not Perform Field Sobriety Tests
During a DUI stop, an officer may ask you to perform field sobriety tests. In fact, the officer may make it seem like these tests are mandatory. However, you do not have to take field sobriety tests. Furthermore, the chances that performing these tests will hurt your case is much greater than the chance that they will help you. If the officer asks, politely refuse.
These tests are not as accurate as you may think. Additionally, field sobriety tests are difficult for many people that aren’t under the influence of drugs or alcohol. If you have balance, back, leg, or hip issues it could be difficult for you to pass the tests while sober.
Also, you are not required to submit to the portable breath test. Rhode Island has an implied consent law. However, this law only applies to chemical tests that are given at a hospital or police station. Portable breath tests are not as accurate as other types of chemical tests. If you choose to decline to take the PBT, the officer may arrest you. If this happens, it is best to submit to a chemical test at the hospital or police station. Your lawyer can challenge the results of chemical testing. Refusing a breathalyzer is much more difficult to formulate a defense against. If you refuse a breath, blood, or urine test, you will immediately lose your driving privileges for six months.
What to Do After a DUI Stop
If you follow the simple suggestions that this article lays out and still face DUI charges you should contact a Rhode Island DUI attorney immediately. However, these guidelines will greatly improve your chances of winning your case. An attorney can examine evidence and formulate the best defense for your case. Given the severity of the punishments for DUI in Rhode Island, you will want all of the help you can get. Chad Bank has years of experience handling DUI cases. He focuses his entire practice on handling these matters. Don’t trust your future to just any attorney, contact Chad Bank today and learn how he can help.
