Remain Silent: DUI Stop

When you are stopped on suspicion of a DUI, the police have just that to go on— suspicion. Suspicion of a DUI only means that they have a notion of your condition. The way you react, communicate, and carry yourself can go on to incriminate you, and lead to a DUI charge. This is why it’s important that you remain silent. Furthermore, avoid doing or saying things that will hurt your case, and don’t admit fault. Just like with an auto accident, admitting fault can be deadly to your case and the future of your driving career… 

Remain Silent: Strengthening your DUI Case 

Incriminating yourself 

You might not realize how easy it is to incriminate yourself during a DUI stop. While the officer has a reason to believe that you’re driving under the influence, they also have absolutely no clue as to what really caused that behavior. Maybe you were feeling sick, your contact fell out, or you simply made a simple mistake and swerved a bit. When an officer comes to your window— the things you say next are what go on to help your case, or theirs. Therefore, remain silent. 

Don’t answer leading questions 

We don’t encourage you to lie to the police. In fact, doing so is never going to improve your chances of walking away safely. However, not saying anything can be a strong option. Especially if you have been drinking, and aren’t sure of your BAC— it’s best that you avoid answering questions. By doing so, you might make yourself look worse than you already do. You know that you likely will not pass a breathalyzer, and will receive a DUI. However, by choosing to remain silent, you better your chances of avoiding a harsher penalty. 

Furthermore, when an officer asks you how much you’ve had to drink— it’s best that you don’t answer. You might not realize, but you don’t have to blow a .08 to receive a DWI. In fact, if you are acting intoxicated, admit to heavy drinking, and don’t blow a .08— you still are at risk of a charge. 

In short, keep your mouth close when it comes to the topic of your drinking before hitting the road 

You drank and drove, which is not ideal— and you will likely still face some penalty. However, by not talking to police, you can better your chances of a heavier sentence. We encourage you to invoke your right to remain silent, not do field sobriety tests, and handle the situation with ease. Remember that you are on camera— and actions speak quite loudly. 

Record Details: What’s Important to My DUI Case?

When dealing with a DUI, it can be difficult to remember every single detail. No matter your level of intoxication, going through the motions of a DUI arrest can be quite disorienting. For this reason, it can be incredibly beneficial to record all of the details surrounding the time leading up to, during, and after your stop. By taking the time to record details, you might help your attorney to better fight your case. So, we’re going to help you decide what’s important, and what to write down.

Record Details: What’s Important to My DUI Case?

Where were you and at what time did you have your last drink?

A smart thing to do on your end, is to record when and where you had your last drink. If you have receipts, hold onto them. Try and be specific in your details, and make note of them. Include anything you might have eaten or drank before hitting the road as well. Having a record of your intake can help to show that you are coherent, and also that there were other things besides alcohol going into your system.

Describe your driving just before the officer stopped you

Make a note of your driving, and be honest about it. Were you swerving? Running off of the road? Were you distracted? Did you drop something and lean over to get it? Keep a record of how fast you were going, what road, your driving, and how long it took for you to pull over after you saw blue lights. Every detail can be helpful to your lawyer.

What was the reason for pulling you over?

When the officer stops you, and walks to your window, the first thing they should do is to tell you why you were stopped. Did you have a broken tail light? Did you swerve? Speeding? Recount the conversations, actions, and so forth. The more details, will undeniably be better.

Appearance and Conduct

Another thing to make note of is your appearance and the way you act. If you felt nervous, scared, or confused, be sure to include that. You’ll want to make note of emotions, how you look at the time of your stop, and the way that you spoke with the officer. While it might feel embarrassing to relay to your attorney, they’re on your side here. Any information you share with them is privileged, private, and only helps them to further establish your case.

The importance of specifics

The details can be quite telling when it comes down to it. Writing down those actions, details, and conversations can give your attorney a lot to go on. Not to mention, as time goes by, it can be easy for details to fail you or become muddy. When you record details surrounding the event, you have a reliable source to revisit when you’re in need of clarification.

Removing DUI Charges: How Long is This on My Record?

If you’ve recently faced a DUI, you’re likely wondering how long you’ll be affected by this mistake. After all, it was a mistake; a bad judgement call. Now, you’re wondering how your DUI will influence future employment opportunities, your ability to drive, and your record. When it comes to removing DUI charges, it takes quite a while to get it done…

Removing DUI Charges: How Long is This on My Record?

Remove DWI charges may be at the top of your to-do list after your arrest. A DWI charge can affect many areas of your life. Things like jobs, insurance, and housing may depend on your background check. Therefore, having a DWI on your record for any amount of time can be harmful to your career and future. But just how long does a DWI blemish your record? That can depend on several things…

Raising Your Insurance for 3 years

A DWI can cause a spike in your insurance cost. This higher premium can last for up to three years. While prices may vary from each representative, they will still give you a higher quote than someone with a clean record. After those three years, your offense should not affect your policy and the cost should go down.

7 Year Look Back Period

A look back period consist of 7 years when your DWI stays on your record for sentencing purposes. In short, this means that during that time, you can get no other drinking and driving offenses. If during that 7 year period you get another DWI, it will count as a second offense. This can mean more severe fines and punishments which most likely will include jail time.

15 Years for Expungement

Even after your insurance cost goes down and the look back period is over, a DWI stays on your criminal history. That means it will still show up on background checks. For this reason, after 15 years you may wish to have your DWI expunged and file for removing DUI charges. This can take place only if you remained free of other criminal convictions. Once you have your charge expunged it will no longer show up on back ground checks.