Keep in mind, we’re not talking about an arrest. We’re talking about victory when the dust settles and you have your day in court. Here’s what you need to remember (of course, it goes without saying don’t drink then drive. That’s what we call “water under the bridge” when you’ve been arrested, booked, bonded, and told when to come back to court!).
1. Refuse the Breath Test: The officer will read the implied consent law. They will scare you that you are going to lose your license if you do not comply. You will. However, a restricted license for violating the implied consent law is easy to get. And the hours you can get permission to drive within are rather limitless. But if you lose you license because you blew more than a 0.08 BAC? You have to take the driving test, the eye test, your insurance goes up, and you just handed the state a DUI conviction on a silver platter. Life can go from slightly inconvenient to Charlie Brown kicking a football in about 20 minutes (that’s the time the DUI officer has to watch you before administering the breathalyzer).
2. Make No Admissions: Say nothing. If you’re asked “Have you been drinking tonight?”, just politely refuse to answer. Never offer how many drinks you’ve had (never, ever say “just a couple”!). Never provide a list of what types of drinks you may have had, what kind of fruit was in them, or whether you used a straw with your beer. Never state how long you were anywhere. Silence is golden, especially when it comes to your defense. Your defense lawyer (as in, me) will love you for it. You’ll be happier, too.
3. Don’t Stand on One Leg, Follow a Finger, or Touch Your Nose, or any other circus tricks: So-called Field Sobriety Tests (FSTs) are inherently flawed but still are permitted to be used by law enforcement. All they do is offer evidence against you. I have a bum knee from a soccer injury when I was 20 – there’s no way I could pass the FST’s sober. You shouldn’t try them either in what is already a stress escalating situation.
4. Don’t Mouth Off at the Cop: When it comes to negotiating with the assistant district attorney, it helps if the arresting officer doesn’t hate your guts.
5. Act Quickly: Retain an attorney within a few days of the incident. That way things like surveillance film, witnesses, and things that can generally help your case are easy to find and preserve. Don’t wait until the day before court to decide to get a lawyer, which is something you were going to have to do anyway.
Okay, so even if you didn’t perfectly follow the above list, all is not lost. I can still help, and there are always things that can still be done no matter what evidence the state has against you. Contact me if you have questions! (615) 346-2213, or use the form below.
Nathan Moore is a DUI lawyer based in Nashville, Tennessee.
