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What To Do If Pulled Over For A DUI
August 23, 2024
by BB&L Developers
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The holiday season is here and your social schedule is packed. There are plenty of great things to do during the Christmas season in Florence, SC. With so many parties to go to and friends to see, it’s not unusual to have a drink or two. Nobody means to do it, but some of us get in the car and drive home thinking we’re under the limit. “It’s okay,” you think, “I’m not drunk.”
Then, the blue lights flash and it’s scary. What should we do? How do we handle the situation? Because we understand mistakes happen, we’re here to help. Get the support you need by taking a look at this Barth, Ballenger & Lewis, LLP holiday DUI advice.
Try Not To React Negatively
Everyone wants to protest their innocence and speak with the officer, but it’s essential you let him/her talk first. To that end, you should:
- Flick on the turning signal.
- Pullover safely.
- Wait for the officer with your hands on the wheel.
Policemen and women note everything you do for future reference, so it’s important to act accordingly. When they arrive at the car, be polite and hand them your license and registration. As a rule, it’s best to start the interaction on a positive note because things can quickly turn sour.
Don’t Engage
Police officers seek the needed information with a few basic techniques. One of them is to use their standing to make you talk. Note that the Fifth Amendment means you have the right not to incriminate yourself. Plead the fifth and don’t answer their questions. Something basic such as “Have you been drinking, sir/madam?” or “Where have you been?” can be used in court if there are inconsistencies. Simply say “Sir/Madam, I don’t want to answer your questions at this time.” and await further instructions.
Refuse A Field Sobriety Test
Here are a few things you might not know about a PBT:
- They’re voluntary.
- They’re judged subjectively after the fact.
You might think you have a better chance with a portable device, but it’s your word against the officers. If he or she says you flunked it, there is no proof to the contrary. Typically, a breath test at the police station is a wiser move as there is time for the effects of the alcohol to wear away.
Refusal to take a breathalyzer of any form will result in an immediate six-month driver’s license suspension to indefinite ban due to South Carolina’s “Implied Consent” law. However, you are able to challenge this suspension if the proper steps are taken. The attorneys at Barth, Ballenger and Lewis will guide you through the suspension process and assist you in reinstating your driving privileges while the suspension challenge is pending.
Ask For An Attorney
Attorneys win cases, which is why they are essential. If you have one, ask the officer to provide you with the means to contact them as soon as you’re arrested. The officer should inform of this beforehand but sometimes they don’t.
Our attorneys here at Barth, Ballenger & Lewis, LLP are specialists in DUI and DWI cases. Thanks to our high standards and ethics, we can provide the best quality service this holiday season.