Los Angeles DUI Lawyers
Arrested for a DUI? What you need to know to protect your rights
Being criminally charged for a DUI is scary, but there is nothing more frightening than the actual arrest process. At Takakjian & Sitkoff, LLP, we are well aware of the fear that can come from an arrest and we are here to help alleviate some of that stress. Below, we will include some tips to keep in mind during the arrest process, as well as after the arrest to ensure that your case proceeds as smoothly as possible.
Tip #1: Be Cooperative with the Police Officers
The last thing that you want to do is start showing attitude and being uncooperative. You do not want the officers looking for a reason to arrest you. So be polite, keep calm and cooperate with their requests. After you have been pulled over, come to a stop, roll down your window slightly and put your hand on the wheel.
Tip #2: Do Not Incriminate Yourself
One thing that we see all too often is people who get pulled over and immediately start confessing. This is not going to help! You can be polite without incriminating yourself, so protect yourself and stay quiet. All you need to say is, “I would prefer to not answer that at this time.”
Tip #3: Decline If Asked to Participate in Field Sobriety Tests
Many people make the mistake of thinking that they are legally required to take the field sobriety test (FST). This is not the case! The only thing that taking a FST will do is provide further evidence against you. If you refuse, the worst thing that can happen is that they will arrest you – which they are going to do anyway.
Tip #4: If Asked To Do Roadside Breath Testing, Politely Refuse
In many cases, an officer may ask you to participate in preliminary alcohol screening (PAS) with roadside breath tests. It is never to your benefit to do this and you are fully within your rights to politely refuse. Again, like refusing the FSTs, you will likely be arrested, but this is going to happen anyway, so protect yourself.
Tip #5: After Being Arrested, Consent to All DUI Testing
After you have been arrested, you will be taken by the officer to a local police station. At this point, you will be asked to consent to blood, breath or urine tests. At this point in time, you should not refuse. Refusal will lead to serious penalties, including automatic driver’s license suspension.
Tip #6: Get the Involvement of an Attorney Immediately
This is not the time to take chances. Work with an experienced attorney as soon as possible so that you can proactively defend your rights. They can help defend your legal rights, even during the investigation and can immediately get to work at building your defense to protect against conviction.
Tip #7: Request Your DMV Hearing Within 10 Days
It is vastly important that you do not hesitate to request the hearing. By going to your hearing, you will be able to protect your rights to drive. Beyond that, your attorney will be able to gather evidence and use the knowledge gained during the process to help during the criminal case.
From handling the arraignment to the trial, you can trust that our firm will go above and beyond in our efforts to protect your legal rights. We encourage you to contact us as soon as possible to discuss your case. We know your future and freedom are on the line and we want to do everything possible to help. Call Takakjian & Sitkoff, LLP today to schedule your initial case consultation