Labor Day weekend is upon us. This is a heavy weekend for DUIs and DUI enforcement. Don’t end up on the wrong side of the law this weekend.
The best way to avoid getting a DUI this Labor Day weekend is to use a designated driver. A designated driver has not had any alcohol. Your “most sober” friend is NOT a designated driver. You can also take a taxi or use a car service like Uber or Lyft.
If you are stopped by the police and you have been drinking, be polite, but do not answer any questions about how much you have had to drink. Do not lie to the police, just don’t answer their questions about where you were coming from or how much you had to drink. Tell them you are not answering any questions without a lawyer present.
I generally recommend that you refuse to do the Field Sobriety Tests. These include a test where the officer has you follow an object with your eyes. If this is the first time you have been arrested for DUI, I recommend that you do provide a blood, breath, or urine sample to the police as requested. If you refuse to provide a blood breath, or urine sample, your license will be suspended for one year.
If this is not your first DUI arrest in the past seven years, or you are involved in an accident where someone was seriously injured or killed, I recommend that you refuse all testing. Be aware, though, that the police will try to get a search warrant. If they police get a search warrant, comply with the warrant and give them the sample they are requesting.
If you are polite to the police, after they have processed you they will very likely let you go home. If you argue or are combative with the police they will typically book you into jail. When asked, sign your copy of the complaint (the ticket). Signing the document merely acknowledges that you will appear in court on the set date. Refusing to sign the complaint will often get you booked into jail.
After a DUI arrest it is very important that you consult an attorney right away. You only have fifteen days to request a hearing challenging the driver’s license suspension. If this hearing is not requested within fifteen days of your arrest, your license could be automatically suspended for 90 days.
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