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5 Steps You Need to Take if You’re Accused of Drunk Driving

— December 2, 2022

If you are suspected of drunk driving, you might face serious legal consequences such as jail time, loss of your driver’s license, and hefty fines.

Drunk driving is a severe crime with long-term implications. You must take the required steps to protect yourself and your prospects if you’re accused of drunk driving.

If you are accused of drunk driving, the wisest choice is to remain calm and call a lawyer as quickly as possible. Understand that you have the right to an attorney and the right to remain silent.

As a result, regardless of what the cops say, you should always use that right. A wrong answer to their queries might be used to build a case against you.

What Steps Do You Need to Undertake When Accused of Drunk Driving?

Remember Your Rights

When you’re accused of drunk driving, it is critical to understand your rights since you might face harsh repercussions if sentenced. Drunk driving consequences can include a prison sentence, suspension of your driver’s license, and a penalty.

Understand that you have the right to maintain silence if you are detained and suspected of drunk driving. You shouldn’t say anything to the police officer, as the prosecutor could use your statements against you in the trial.

When suspected of drunk driving, remembering your rights is critical as it can help you escape a conviction and the severe consequences that come with it.

Ask to Speak With an Attorney

When suspected of drunk driving, you must demand to consult with an attorney, who can counsel you on your entitlements and assist you in traversing the criminal court system.

When you’re accused of committing a crime by the police, it’s natural to feel out of your depth. Furthermore, the legal procedure may be perplexing and daunting, especially when the stakes are high.

An attorney can assist you in comprehending the allegations against you and the potential punishments. An attorney can also help you gather evidence to bolster your defense and challenge the prosecution’s case. 

If you don’t know the names of any good lawyers who can help you, you can contact Criminal Defence Connect of Toronto. They are considered the number 1 DUI lawyers in Canada, so you’re in safe hands.

In situations like this, a lawyer can bargain with prosecutors to lessen or drop the charges against you. If you have been charged with drunk driving, do not attempt to navigate the legal system alone. 

Suppose you’re still on the fence about contacting a lawyer. In that case, you should know that drunk driving, or in legal terms, a DUI, is considered a criminal offense in all 50 states in the United States and have grave consequences.

Don’t Admit to Drinking

Admitting to consuming alcohol may provide the law enforcement officer or prosecutor with material that could be used against you in a trial. Furthermore, the prosecution may claim that you were intoxicated if you confess to drinking. Therefore, you could not operate a vehicle even though your blood alcohol concentration was lower than the legal limit.

If you’ve confessed to drinking, the jury will likely conclude you were incapacitated and might convict you of drunk driving. If you refute having been drunk, the prosecution may have a more difficult time showing your impairment. 

Other than your admissions, they would have to depend on evidence such as eyewitness accounts or camera recordings. This might be challenging, mainly if the event occurred late in the evening or in a distant area.

Furthermore, the prosecutor would have to show that you were inebriated rather than merely having alcohol in your bloodstream. This might be challenging since alcohol can remain in your bloodstream even after your last drink.

Document Everything

When you’ve been implicated in drunk driving, you should keep detailed records of everything which happened. This incorporates any police records, witness testimony, and your own version of events.

Having this material on hand can assist you in mounting a solid defense against the allegations. When you are charged with drunk driving, the prosecutor will attempt to establish that you would be impaired while driving.

It is critical to remember that even if you feel you were not affected, you should nevertheless document everything. This is due to the prosecutor’s potential use of any evidence available to establish that you were incapacitated.

For example, if you failed any of the field sobriety tests. In that case, the prosecution may try to use this to prove that you were incapacitated. However, if you have paperwork confirming you passed the examinations, this will assist you in refuting the prosecutor’s claim.

In summary, if you’ve been suspected of drunk driving, you must keep meticulous records. This will provide you with the best opportunity to prove your innocence.

Refuse Performing Any Tests

Police in Connecticut administer the one leg stand test to a driver after a crash. Photo by Versageek, courtesy of Wikimedia Commons. CC BY-SA 3.0

If you have been suspected of drunk driving, you should decline to do any field sobriety tests since you are not compelled to do so. They are entirely voluntary, and you will have the option to reduce them.

Furthermore, remember that the cop who had you pull over is not your buddy despite his claims to be helping you. They are not there to assist you and are not interested in determining whether or not you are intoxicated. 

Field sobriety tests are unreliable and frequently used to achieve a verdict even when the motorist is not intoxicated. It has been recorded that police in certain US states have misused breathalyzer tests and misconstrued readings. Unfortunately, this isn’t only limited to the US.

Also, a breathalyzer test doesn’t necessarily indicate that they are intoxicated, but it may be used against them as proof. Furthermore, the officer giving the exam may be prejudiced against you.

They may be looking for any reason to arrest you, and your behavior may be misinterpreted as indicators of drunkenness even if they are not. In rare situations, the officer may advise you to complete a field sobriety test.

Final Words

If you are suspected of drunk driving, you might face serious legal consequences such as jail time, loss of your driver’s license, and hefty fines. In some jurisdictions, you may be compelled to put an ignition interlock device on your car.

To avoid these fines, taking charge seriously and conducting the required defense actions is critical. If you’ve been accused of drunk driving, the method we’ve discussed should help you.

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