How to Assert Your Rights and Stay Silent During Questioning

Drinking and driving – while both activities can be deemed by many as fun, cool, and exciting, they are never a good combination. When facing a possible DUI charge, here's what you should know.

The DUI case

The reports of vehicle-related accidents are alarming nowadays. More and more get involved with vehicle-related accidents caused primarily by driving under the influence (DUI) of alcohol, or in some cases, dangerous drugs. DUI encompasses the following scenarios: driving while intoxicated, drunk driving, and drinking and driving.

For this reason, DUI has become a serious offense. It has been considered a criminal offense in many countries. If you have been convicted of DUI, you will have a criminal record for good. It also leaves a social stigma because of your professional and driving record. This may affect potential employment, insurance fees, and other transactions as well.

Facing a DUI charge

The laws pertaining to DUI vary from state to state and from country to country. It is important to understand the laws applicable to you. Of course, the only sure way to avoid being charged of DUI is to avoid drunk-driving situations. However, if ever confronted with such an inevitable situation, you should know your rights and act accordingly.

Perhaps the best step is to get a DUI lawyer. A DUI lawyer specializes on drunk-driving defense in your particular area. A DUI lawyer will help you protect your rights and at the same time, give counseling and help you understand the consequences that may arise from a DUI case.

Police officers usually suspect DUI when there are instances of erratic driving, ignoring traffic lights and signs, driving beyond speed limit, and weaving between lanes, as supposed acts of an intoxicated driver. Police officers will look for signs of intoxication such as flushed face, lack of balance, etc. They might subject the suspect to a field sobriety test.

You can refuse to answer questions and take field sobriety tests, depending on what laws apply to your area. You must, however, comply with chemical tests. If you are a passenger, you can refuse search requests and refrain from answering questions without the presence of your attorney. Unless there is probable cause, a passenger is not held responsible for the acts of a driver and should not be detained. Depending on the laws in each state, those arrested for DUI are usually released on bail.