“Some say he did the impossible!”
The Jere Beasley Report, August 2005
Common Mistakes in DUI Arrests
Common Mistakes Made in DUI Cases
Individuals who are arrested for DUI make several common mistakes. Our office often sees an avenue that could be explored but a deadline has been missed or a statement has been made that damages the case. At Parkman White, LLP, our office understands that an arrest for DUI is a unique and stressful experience.
REQUESTING AN ADMINISTRATIVE LICENSE HEARING
Most people are unfamiliar with the consequences faced when arrested for DUI. Not only are there issues with the criminal aspect, but there is also the driver’s license issue that must be handled. To prevent a license from being automatically suspended, an individual arrested for DUI has ten days to request an administrative hearing with the Department of Public Safety. Our office routinely handles these issues and knows exactly what needs to done, and who needs to be contacted to have this hearing scheduled.
REFUSING TO PROVIDE A BREATH OR BLOOD SAMPLE
There are serious consequences with providing a breath or blood sample. Unfortunately there are also serious consequences with refusing to provide a breath or blood sample. A refusal can result in a driver’s license suspension for 90 days and an ignition interlock device being installed for a period of two years. If a driver provides a breath or blood sample, and the sample is .15 or greater, they are subject to double the minimum punishments that are already prescribed. A driver is also subject to a mandatory one-year revocation of their driver’s license.
MAKING THE DECISION TO SPEAK WITH OFFICERS
Even though a driver has been stopped for suspicion of DUI, they still have the right to remain silent. If you are stopped for DUI, you must comply with the directions of the arresting officer but you still maintain your right to refrain from speaking with the arresting officer without the presence of an attorney.
TAKING FIELD SOBRIETY TESTS
When an officer requests that a person suspected of DUI submit to field sobriety tests, the driver has the right to decline the tests. An officer has sole discretion to determine whether a driver passes or fails the tests. The testing is purely subjective. Even if a driver does well on a test, the officer can still say that it was a failure because you exhibited a certain amount of clues on a given test.
Contact our attorneys at Parkman White, LLP, to see what issues may be used to benefit your case.