A person who is stopped because an officer suspected a DUI should say absolutely nothing to the officer. It is best to not let the overpowering and oppressive officer intimidate the driver with something less than capital punishment.
The driver cannot be forced to say anything. The Fifth Amendment to the U.S. Constitution guarantees the driver the right to be silent. Obviously, answering the first question will lead to more questions. Eventually, the officer will find enough evidence to arrest the driver, and he may regardless. However don’t provide unnecessary assistance that you will confront in court.
If the driver is not released to go on their way, then they will likely be arrested and taken into custody. At this point, it is absolutely imperative that the driver call DUI lawyer in Allentown. Do exactly what the lawyer tells to do regardless of what the police tell you.
Some states will suspend the driver’s license if the driver refuses to take a Breathalyzer test or a blood alcohol content (BAC) test. The suspension will likely not hold up in court if the driver was coerced into taking the test.
A DUI lawyer can ask questions that the accused could not or would not be able to ask. For example, blood must be processed according to strict lab protocols prescribed by the state. If the blood test does not follow the procedures, then the judge may declare the evidence as inadmissible and throw it out. This leaves the police to look for something the driver said.
The Breathalyzer test is only as good as the machine is calibrated which should happen according to a prescribed time table.
Every driver should be aware that driving with pain medications in the body can in many states lead to a DUI. Again, don’t admit to taking medication. If you are, then arrange for a ride home the rest of the way.
Read the state’s DUI law and learn what rights you have and read the lawyers’ sites for further information. It is best to be informed so that if you are stopped you know your rights and can cite them. Remember, the rule “don’t talk and don’t participate in roadside testing.”
