Many articles on the web explain how a criminal lawyer or a DUI lawyer might help you beat your DUI charge after being arrested. On the other hand, few articles focus on what you can do during the crucial period when the officer is investigating you. How you act and respond during your brief interaction with the arresting officer can make all the difference in whether you can avoid a DUI charge. So, here are the three most critical things you can do to assist your defense attorney without further ado.
First, a word of caution: if the officer suspects you of being involved in a close call, you can bet he’ll arrest you. Any DUI attorney or criminal defense lawyer will tell you that the officer will err on the side of caution. Consider this: if the cop opted to let you go even though you were DUI, and you later caused harm to someone, that cop would lose his career and be slandered in the press. As a result of the court’s decision, the first rule in overcoming a DUI is:
- Be Nice. Be Respectful. Be courteous.
No matter how sober or drunk you are, you’ll get burnt if you act like a fool in front of the cops. In the end, there are a million elements that determine whether you can defeat a DUI, but the most crucial aspect is that you act like a gentleman on camera. The prosecutor has the power to reduce your charge to reckless driving or to throw you in jail. Before deciding how to continue, the prosecutor will always analyze the video evidence. The prosecution will have no sympathy for you if you appear to be a jerk. I’ve seen it time and time again: the prosecution granting reckless driving to the pleasant, respectful person on close calls while refusing to budge on the jerks’ close calls.
Further consideration, if you participate in a trial, which version would you like the Jury to see? The Jury is human. In each case, the Jury is looking for good people and bad people. Do you want to be a good person they sympathize with and be illegally arrested by overly aggressive police (bad guy)? Or do you want to be a jerk client who makes life difficult for the authorities to make the police a good person through the elimination process? The answer should be obvious.
- Don’t say anything if you think you’re slurring your words. Say yes and no only.
The Jury will use its collective common sense to determine whether or not you are inebriated. If you ask any jury member during jury selection, “How can you tell if someone is intoxicated?” they will either give you the first or second answer, “slurred speech.” It goes hand in hand with being inebriated. As a result, if you think you’re slurring your words, even if it’s because you’re fatigued, stop talking. This guideline complements rule number one, which is to be respectful and courteous.
Alternatively, if you are accurate and fluent, feel free to talk in front of the camera. However, many clients tell their DUI attorneys that they were fine on the scene, but the video shows otherwise. Make certain.
- When you only had a beer or two, think about blowing into the machine.
Many people believe that they should avoid using the breathalyzer at all costs. This isn’t correct. Understand that if you reject, the State has a compelling, very legal argument: that you did so because you had a guilty conscience and knew you were guilty. This is quite effective. As a result, if you’ve only had one or two beers, you might think of blowing into the machine. This will end the State’s argument and, hopefully, give evidence for your DUI attorney that you were within the legal limit.
Alternatively, you could be the type of person who avoids using machinery at all costs. This is great but think about telling the officer on the spot WHY you aren’t blowing.
Hopefully, this will assist you in assisting your criminal attorney when you visit him the day after your arrest.