The background of the case:

One Saturday afternoon in July John was at a picnic hosted by one of his loyal clients. He brought his friend and associate, James. John and James enjoyed the day, ate well and had a couple of beers.

As dusk turned to dark, at least 2 hours after their last beer, John and James set out for home. John was driving on a long, narrow, two lane highway in a very rural setting. He noticed that a car had been following him close for some time. Then the lights and siren lite up the night and all vehicles pulled over.

The officer who approached the car asked John, who was driving, if he had been drinking. John told the officer he had a couple of beers earlier that afternoon. A second patrol car came to the seen. Then the officer had John step out of his car and perform field sobriety tests (walk a straight line heal to toe, turn on one foot and walk back, stand on one foot for 30 seconds while counting out loud and the horizontal gaze test.)

Mind you, they are located on a narrow, rough and rocky rural road, with no shoulder and cars driving by. It was dark out and the flashing police lights combined with headlights of oncoming cars was blinding. The officer assessed that John failed all three tests, handcuffed and placed him in the back of his patrol car. John insists that he passed the tests.

John agreed to submit to the breathalyzer chemical test and the results indicated a BAC (Blood Alcohol Content) of 0.04. That is only one half the legal limit. Despite the low BAC, the police booked John and completed the arrest.

John came to us to represent him in court.

At court the prosecutor offered to have John apply for the AEP (Alcohol Education Program). We believed that John was innocent and insisted on a trial instead.

At trial I asked the first two police officers to testify to the results of the breathalyzer test. They were evasive, made excuses and basically refused to answer. They claimed that neither administered the test nor prepared the report. When we finally were able to call the officer that did administer the test, he also refused to testify to the results. The prosecutor would repeatedly object, claiming that the State was not basing its case on the results. I would not let up and asked again and again and in as many ways as I could to get the results and report admitted as evidence. The Judge finally had enough and ordered the officer to testify sufficiently to allow the report to be admitted as evidence.

After closing arguments and a not to lengthy recess, the Judge found John Not Guilty. In doing so she admonished the officers for being evasive and making it like “pulling teeth” to get them to answer a simple factual question. Belief in my client’s innocence made it easy to persist as long and diversely as it would take to get the truth out and on the record.

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John was innocent, but many who are stopped for DUI aren’t. I cannot overstate the importance to not drink and drive. At best it will disrupt your life in ways you can’t imagine. At worse it will ruin your life, your family’s life and the lives of others forever.  If you find yourself arrested for DUI, call us and we will work to minimize the damage.

This is a question that comes up now and again. There is no sufficient answer that can be given ahead of time as to what to do if pulled over for suspicion of DUI. All facts and circumstances existing at that time will dictate what you should and shouldn’t do. While this article will not attempt to address all possible scenarios, it will offer some basic information that is important to know.

If you find yourself in the unfortunate circumstance of being pulled over on suspicion of DUI, do not argue with the police officers. Be polite. You have to provide basic identification information, but do not say too much. If the officer is going to arrest you, you will not talk yourself out of it. And anything you say can and will be used against you.

If there is an accident and anyone may be injured, do not say anything, aside from your contact information, until you speak with an attorney.

Unless you are injured or unable to stand, you will be asked to perform field sobriety tests. Comply, but do not argue if the officer claims you failed. You will then be taken into custody and asked to take a chemical test. Usually this will be to submit to a breathalyzer test, but you may be asked to provide a urine sample, especially if you are suspected to be under the influence of a drug, whether prescribed or illegal.

If you are 21 years or older and you refuse to submit to the chemical test, your license will be suspended for 6 months. If you submit and your Blood Alcohol Level is 0.16 or higher, your license will be suspended for 120 Days. If your Blood Alcohol Level is 0.08 or higher and under 0.16 your license will be suspended for 90 days. If you are under 21 the penalties are much greater.

Your suspension will begin at 12:01 AM on the 31^st day after your arrest. If you are caught driving while under suspension for DUI, you will be facing new criminal charges and mandatory jail time.

In addition to the Administrative penalties listed above, you will also be facing Criminal Charges at court.

If you are taken to the hospital, the ER staff will likely take a blood sample and the police will later seek a search warrant for the results.

This is intended to provide some basic information. Your specific situation can have other ramifications. It is important to obtain expert, professional assistance and legal advice to protect your rights and minimize the consequences.

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