Keeping Your Calm Is the Best Defense: 7 Dos and Don’ts of Handling the Situation When Arrested for DWI

When a person is under arrest for DUI, they need to do certain things to minimize the consequences of their actions. In addition, they must avoid doing other things to prevent additional damage to their reputation and their life. As the legal system is very complex, every person in this situation needs to hire an attorney as soon as possible. The attorney provides information on how to proceed. Knowing this information becomes of great importance before the stop, as once it occurs, it is too late. The person arrested takes action detrimental to their case and life overall. What are these dos and don’ts of handling the situation when arrested for DUI?

The Dos

People need to take action when a law enforcement officer arrests them and charges them with a crime. Sadly, many men and women are unaware of what steps they should take to make certain their legal rights remain protected. The following are things every person should do in this situation.

Anyone arrested for a DUI needs to remain calm and silent. Don’t argue with the office or answer questions. They can use anything a person says against them when the case makes it to court. A simple statement that seems innocuous can be twisted to mean something different from what the person intended. Respectful behavior goes a long way in dealing with this situation. Sadly, a person under the influence often forgets this and becomes belligerent only to find it harms their case down the road.

Call Attorney Jason Katims as soon as possible for help in dealing with the matter. Never speak to anyone until the attorney is present. This includes cellmates, the police officer, the person handling the booking, and more. By staying quiet, a person can ensure they say nothing wrong that comes back to harm them.

The attorney should be present when law enforcement officers conduct any tests, such as when the police officer wishes to draw a blood sample to determine the blood alcohol content. This ensures they carry out the test properly and the results are accurate. Many individuals don’t realize how important this is, but a simple mistake when they collect the sample can skew the results and lead to an unfavorable outcome for the accused.

Gather information about the officers involved in the arrest. Ask for their badge numbers and patrol car numbers when possible. The attorney uses this information to research the officers and see if they have any disciplinary actions against them. Prior disciplinary action during a DUI traffic stop could lead to the charges being dropped.

Record information about any injuries sustained during the arrest. Request to be seen by a doctor. If the officers refuse, get this medical care as soon as possible. Take photos of any injuries and share these with the attorney for use in the legal case along with any medical records resulting from the interaction with the police. This provides the proof a court will need to pursue further action against the officers. In addition, it could help to show the officers acted improperly and this may extend to the stop and arrest itself.

Get information about any men and women who witnessed the arrest. This includes their name and phone number along with any other information they will share. They can provide information about what took place during the traffic stop and whether the police officers acted professionally throughout this stop or if they treated the accused improperly.

Allow the attorney to speak with the police and prosecutors. Prosecutors might offer a lesser sentence in exchange for a guilty plea only to charge the defendant with a separate crime that brings the punishment to the same level it would have been without this plea. This is only one tactic used by prosecutors and police officers to trap a defendant. The attorney ensures the officers don’t pressure the accused into doing something that could harm them.

Remember this information and make use of it if law enforcement stops you for a DUI. Doing so helps your case in a variety of ways, such as avoiding potential conflicts with the arresting officer. Furthermore, information gathered as they carry out these steps may be used as evidence or proof in the resulting legal case.

The Don’ts

However, men and women should avoid doing certain things when law enforcement officers stop and arrest them for DUI. These actions could affect the outcome of the case. To protect your rights, take the following steps during the stop, subsequent arrest, and booking.

 Avoid speaking to the police. They might ask questions to see if the person will make an incriminating statement. It’s best to remain quiet. Never yell at the police or be disrespectful to them, as this could lead them to take harsh action to subdue the intoxicated party. Their actions might result in injuries or more severe consequences. The only thing the accused should ask for is an attorney. The goal is to avoid upsetting the police while working to get the matter resolved as quickly as possible. Never believe the cops when they say things will be easier if the defendant simply talks.

Never run from the police. Although it may be tempting to do so, the police typically catch offenders who try to run away, and the court looks at this behavior in an unfavorable light. Furthermore, any person who runs could face additional charges, including resisting arrest or evading the police. This adds to the charges the person is facing and increases the consequences of the traffic stop.

Avoid speaking to others about the incident. Only speak to the attorney. Cellmates often turn on those they share this space with to get a more favorable deal. It’s best to avoid speaking of the incident to family members as well and never share information about the stop or case on social media. The police can and will use anything posted online to prove their case in a court of law. Furthermore, texts and emails may be used in court against a defendant. Keep this in mind and talk only with the attorney to avoid any issues.

Never allow the police to search your car or your belongings. When a person gives permission for this search, they may use anything that is found as evidence in a court of law. Make them get a judge’s permission to find these items. The goal is to not make things easier for the police. When the attorney arrives, they can decide whether to allow this search to take place or review any warrant signed by a judge allowing the search.

Don’t resist arrest. Even those who are innocent need to go with the police. If they don’t do so, officers could file new charges in addition to the existing ones. Never touch the officers or attempt to touch them, as they could see this as a sign of aggression which makes the entire situation worse. If a police officer believes they are in danger, they may defend themselves and this could lead to the accused being injured. Avoid this by cooperating throughout the process and letting an attorney handle everything at the police station.

Never allow police officers into the home if they come to the residence to make the arrest. Remain inside the home and ask that they produce a warrant. In some cases, they can only make an arrest inside the home if they have this warrant. However, when a person walks outside, they don’t need a warrant for the arrest. Have the police officers remain outside and call your attorney for advice. The attorney can provide advice regarding what state law allows and prohibits.

When they make the arrest outside of the home, never allow the police officers inside the home for any reason. Giving them permission to enter the home allows them to search it without obtaining a warrant. The same holds true with vehicles. Have the officers get a warrant before entering the residence to protect your rights. Warrants are very specific in terms of what the police officers might look for. They cannot use anything else found in the home or car as evidence except in very specific situations. Make it difficult for them to find evidence that could be detrimental to the case by requiring they secure a warrant.

A person helps their case significantly if they follow the above dos and don’ts when under arrest for DUI. The most important thing to remember is a person should never speak to law enforcement unless their attorney is present. The attorney works to protect the rights of the accused. Law enforcement officers must follow specific steps when they arrest and charge a person. If they don’t do so, it violates the accused’s rights and could lead to a lessening of the charges or an outright dismissal. This is obviously the best-case scenario in the eyes of any person who has been arrested for a crime.


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