When it comes to Driving Under the Influence, Rule #1 is: “Don’t Do It”. It is a guarantee that getting arrested for DUI will cost far more than an Uber ride home. And that Uber ride may prevent you from hurting yourslef or others in an accident. Nevertheless, if you violate Rule #1 and get pulled over, there are some steps you can take to ease the path you find yourself on.
1. You should identify yourself and provide identification to the officer. Other than that, do not engage in a conversation with the officer. Typically, the officer will ask, “Have you been drinking tonight?”. Most people who have been drinking respond with “just 2 beers” or “just 2 glasses of wine,” thinking they can talk their way out of it. In reality, when you tell the officer you had “just 2 beers,” you are really telling the officer, “Yes, I admit there is alcohol in my system,” which will allow the officer to further investigate. Of course, if your breath smells like alcohol, you have bloodshot eyes, your speech is slurred, etc., the officer is going to do further investigation anyway. You should be civil and cooperative with the police, but don’t answer the officer’s questions about how much you drank, where you drank, where you are going, etc. Tell the officer, “My lawyer said I’m not supposed to talk to the police, and he said if I don’t take his advice, he’ll double the price.”
2. Do not refuse to take a blood, breath, or urine test if requested. You signed an “implied consent” to take such a test when you obtained your driver’s license. If you refuse, you will automatically lose your driver’s license for one year, regardless of whether you are inebriated or not.
You can be charged with a DUI for being under the influence of substances other than alcohol. “Green DUIs” happen when a defendant is charged with driving under the influence of cannabis. You can even be convicted of a DUI for driving under the influence of prescription medication IF the medication impairs your ability. Of course, these types of DUIs are more difficult to prove than alcohol DUIs, which is why you especially need a good lawyer if charged with a non-alcohol DUI, not that a good attorney can’t also be helpful with the common alcohol DUI.
Facing a DUI in Oakland? Whether it’s alcohol, cannabis, or prescription medication, you need an experienced DUI attorney in Oakland to protect your rights and fight for the best outcome.
