As we have talked about many times before on this blog, a drunk driving charge can change a person’s life. As such, every step of the DUI process is important, because the tiniest mistake by the police could give the accused person a glimmer of hope. So, let’s talk about the initial traffic stop that triggers a DUI charge. How could the accused person behave in this situation to bolster their defense?
First and foremost, you do have the ability to refuse a breath or blood test if the police ask you to perform such a test. However, it is unlikely to help you case in any meaningful way. Instead of helping you, the refusal could actually hurt you. You will immediately trigger implied consent laws when you refuse such a test, leading to the suspension of your license and some time in jail. Additionally, the prosecution could inform a jury of your refusal, which will not reflect well upon your actions.
There are three ways in which the police will detect your impairment. The first is observing any reckless driving. The second is by asking you to perform a field sobriety test. And the third is to ask you to perform a blood or breath test. When defending your case, you could raise questions as to how the police acted.
Last but not least, remember that you have the right to discuss things with an attorney and that you should invoke your right to remain silent. By doing these two things, you can help your case.
Source: FindLaw, “DUI Traffic Stop FAQs,” Accessed Nov. 6, 2015