The DUI Process Begins

 

Upon seeing those flashing blue lights behind you a sinking feeling indicates that unfortunately the DUI process begins.  The decisions and actions taken at these initial junctures can prove critical.  There are two main ways that this ordeal initiates itself.

The first common way is to be caught up in a roadside sobriety checkpoint.  The constitutionality of these checkpoints has been well established and challenging their right to screen you at one is a fruitless path.  The existence of these roadside sobriety checkpoints makes the prospect of driving while impaired even more dicey.

The other salient route towards a DUI charge is to be pulled over by a police officer who suspects your driving or other actions indicates probable cause for violating an underlying law.  The best DUI attorney will examine and scrutinize the stated probable cause and successfully attack it in court.

The actions taken by you at the onset can greatly help, or otherwise undermine, your eventual defense.  Many naively attempt to talk their way out of the situation with the arresting officer.  This proves fruitless and often provides the prosecution with helpful evidence to be used against you.  An attorney with significant experience will most often advise that you say as little as possible at the time of the arrest.

The next critical juncture is the request for you to submit to a breath or blood test.  This can often prove to be a sticky situation.  On one hand, if you submit to the test and fail this might limit your defenses ending up in a DUI guilty plea.  With chemical evidence against you the State often has an open and shut case.  By depriving them of this evidence you give your attorney an advantage when litigating your DUI case

However, refusal to submit to the test yields substantial penalties in and of itself.  This often entails suspension or revocation of one's drivers license.  The decision of whether to submit to these tests is a difficult one.  As you get more into the process, ideally a good attorney will make the best of the facts presented and obtain a positive resolution for your case.