What should I do if I have one too many beers, margaritas, or martinis before getting on the road and I get pulled over?
When you're first pulled over and approached by the police officer, your cooperation and politeness will help your case positively. Attempting to deceive or disrespect the officer will only get you into more trouble! Do not answer any questions until you speak to an attorney.
So what should I say when the officer starts asking me all sorts of questions about how much I've had to drink, when I last ate a meal, etc.?
You should definitely tell the officer about any illnesses, injuries, conditions you've been suffering from, but otherwise, you should politely tell the officer that you do not wish to answer any questions about whether or not you've been drinking, when you last ate a meal, and where you were traveling to without consulting your attorney first.
What happens when the officer tells me to get out of my vehicle and asks me to perform field sobriety tests–what should I do then?
You should politely tell the officer that you are not feeling well enough to perform any field sobriety tests (e.g. due to any of the illnesses, injuries, or conditions you've already told him or her about), and not agree to any test without talking to an attorney first. However if the officer takes you to the police station, you cannot refuse the test.
So the officer tells me that I now need to blow into a hand-held device so he can figure out if I've been drinking–do I have to do this?
No, this is a voluntary test. Politely decline and ask to speak to an attorney. However, if the officer takes you to the police station, you cannot refuse the test.
If the officer decides to arrest me for DUI, what should I after I get released from jail?
You should immediately consult with an experienced DUI attorney! Trying to handle your own DUI case without an attorney may ultimately result in you receiving harsher penalties in court, suffering an automatic suspension of your driving privilege by the DOL, and severe long-term financial and emotional consequences. Most DUI attorneys will also suggest that an attorney can obtain a favorable result for you, for the right price–don't be fooled! Results can never be guaranteed! You should hire an experienced attorney who will be honest and straight-forward with you from start to finish, but who won't charge you a premium for unrealistic results.
This document should not be used as a substitution for legal advice. Each case is different. Please contact Law office of Raymond W. Ejarque for your free and personalized consultation at 206-621-1554 or visit website www.seattle_duidefense.com for more information.