How To Minimize the Chance of a DUI Conviction

Warning Signs — Waukegan, IL — Daniels, Long & Pinsel, LLC

Despite the social, legal, and financial consequences of driving under the influence (DUI), many people still find themselves facing DUI convictions. However, you can minimize the chance of a DUI conviction. Read on to discover different strategies you can use to lower the risk of receiving a DUI conviction and why these strategies are effective.

Do Not Drink and Drive

The best way to minimize the chance of a DUI conviction is to not drink and drive. To further reduce the risk, if you plan on drinking, plan for a designated driver before going out, or call a rideshare service after having an alcoholic beverage. Around 10% of all criminal arrests are for driving under the influence, so take the necessary steps to avoid being part of those statistics.

Don’t Take the Tests

If you are facing the suspicion of a DUI, one of the best ways to minimize the chance of a conviction is to refuse any field sobriety tests. Officers may tell you they won’t arrest you if you pass such tests. However, if there is an undeniable smell of alcohol on your breath, they will take you into custody.

Submitting to field sobriety tests provides courts with solid evidence and could contribute toward a conviction. Refusing may result in a one-year license suspension, but this penalty is ultimately preferable to the penalty that comes with a DUI conviction. A qualified DUI lawyer can challenge such suspensions in court, and you may be able to apply for a driving permit before having your license reinstated fully.

Do Not Admit to Anything

First and foremost, remain calm while speaking to law enforcement, be respectful, and never admit guilt. Remember that under the Fifth Amendment to the U.S. Constitution, you have the right to remain silent against self-incrimination and can choose not to answer incriminating questions about your drinking.

Although you may feel like talking to officers or others at the scene can help your case, anything that you say can and will be used against you. The best way to make sure you get the justice you deserve is to contact a qualified attorney right away who specializes in DUI cases. They will be able to guide you through the process and defend your rights better than anyone else.

Don’t Blow Into a PAS Machine Unless You’re Under 21

If you find yourself in a situation where law enforcement stops you for driving under the influence, you need to know your rights. For those over 21 years of age, declining to blow into any machine is a good way to minimize the chance of a DUI conviction. This kind of test is voluntary, and you have the right to refuse.

On the contrary, if you are underage, you must agree to take the PAS (Preliminary Alcohol Screening) test without fail. Everyone must be aware of these rules and their own rights to avoid any unnecessary legal hassle.

If You Must, Choose a Blood Test
If you face the unfortunate situation of having to take a test following a DUI arrest, your best option is to choose a blood test. Since the arresting officer will not have access to the results immediately, they can not include them in your arrest report.

Most importantly, if your blood test results show that you were, in fact, over the legal limit for alcohol intoxication, your DUI attorney can still dispute it and fight for your case in court.

All these tips will help protect you against costly consequences due to even the slightest slip-up associated with driving under intoxication’s influence. If you’re currently facing DUI charges, please get in touch with us immediately, and don’t say anything to the police.

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