Exercising Your Rights Can Greatly Help You In A Dui Case

By Author: Matthew Nebeker
Total Articles: 15
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Being pulled over by a police officer and hearing them say “Have you been drinking tonight?” can be a heart stopping and breathtaking experience. These are five words that nobody ever wants to hear police officer said to them especially if in their situation they have in fact been drinking. It is important for people to realize and know that during situations such as these we all have the ability to limit how much or what kind of information you when we are being investigated for DUI. In order for your chances to be increased of not being rested for driving under the influence or beating a charge that is been brought against you if you have been arrested all you have to do is be brave enough to exercise your constitutional rights. For many this can be a terrifying concept when it comes to purposefully defying a police officer. However any Utah drunk driving attorney can tell you that this could mean everything when it comes to fighting your case or avoiding arrest.

Rules and laws will vary state-by-state so it is wise for anybody taking this type of advice to be sure that you know what those laws within your state ...
... are. The information provided below can be helpful if taken into consideration with the laws of your local area being used as a foundation. That being said let us dig a little bit deeper into things that should be understood about what police officers are legally required to find as evidence in order to arrest you for driving under the influence. If an officer does not have probable cause to make an arrest or to simply pull you over for that matter the need for Utah drunk driving attorney can be avoided altogether. If an officer cannot prove that they had solid reason to believe that a suspect has committed a crime in which they are being accused of they do not have the right to arrest you for that crime. A police officer is not out to get you here she is just doing their job and want to keep the roads safe for everybody who is on them. If they have reason to pull you over and most likely they do, cooperation is important as long as you remember that they must keep within your rights.

There is however the occasional officer who will take advantage of the average person and their lack of information and knowledge according to the law. By doing so there are occasions where an officer can get somebody to admit and give information that they probably should not have given. If every police officer that is on the streets were to inform the citizens that they deal with of the choices that that person has as well as their rights there would be no reason that a Utah drunk driving attorney would have to do so. Again that being said the majority of the police officers that are out there are not going to take this advantage of person so it is not wise to go into a situation where you are dealing with the police officer with a bad attitude and the assumption that they are there doing anything more than their job and what is best for you and anyone else on the road. Because any police officer that pulled you over must have a reason to arrest you the best thing that you can do is limits the amount of information and evidence that they have to work with. Normally in a typical situation when a person is pulled over and arrested for DUI it starts off as that person violated some sort of traffic law. Be it they were speeding, had a broken tail light or did not use a turn signal before turning. Once the officer has you pulled over and they approach her vehicle they will ask you for your license, registration and insurance information. From here, if they suspect that you have been drinking, they may ask you to step out of the car perform a variety of field sobriety tests. If you fail these tests they will arrest you for DUI and take you into the station for processing.

In order to limit the information that they have to use against you some of the things you need to do and remember is most importantly do not lie. If you smell like alcohol and you tell them that you have not been drinking will most likely automatically be arrested. You have the option of just refusing to answer this question and doing so would be in your best interest. From here they will write you a ticket and ask you leave or they will have you perform the field sobriety testing. Any Utah drunk driving attorney can tell you at this point you are also able to decline the field sobriety test. However it is wise for you to know that by declining this test in some states it provides automatic repercussions where your license is concerned. Once you have declined to take all of the tests that the officer has asked you to take he will be faced with a tough decision. Here he has a person who is committed a traffic violation that many others violates and are simply ticketed for. Although he smells alcohol he has no proof that you were too drunk to drive. Because you did not answer his questions there is no information proving that you have even been drinking that night or how much alcohol you consumed. With no field sobriety test results there is no conclusive evidence to support the DUI arrest.

Matthew L. Nebeker, known as Mr. DUI is a top-rated Salt Lake City DUI Lawyer who concentrates on Drunk Driving, DUI & DLD Defense. Matt dedicates himself and his law practice to aggressively defending those accused of driving under the influence. You can contact us at tel. no. (801) 988-9617 or visit us at http://www.mrduiattorneysaltlakecity.com