Can Silence or Refusal in DUI Case Be Used Against You? DUI, driving under the influence, is one of the charges that so many people are shocked about when charged. Why? Because it’s so easy to be over the legal limit of 0.08% BAC (blood alcohol content) without realizing it. The question of whether silence or refusal in a DUI case can be used against you will be explained in more detail here. We are going to explain some important facts to help you identify what you should and shouldn’t do if you find yourself in this unwelcome situation. In the event you are stopped by an officer who suspects you are under the influence, what do you do? There is a lot of conflicting information, and listening to recommendations from friends is usually not the best course of action. Ensure that you secure legal representation in the event you are accused and that anything you do is under recommendation from a legal professional with extensive experience when it comes to DUI cases.
Before going any further, it’s important to note that the biggest mistake you can make if pulled over by an officer who suspects you are under the influence, is to have a long conversation. Keep your conversation short and to the point. Many defendants end up talking themselves into trouble with the law by having a conversation. Keeping your answers short and to the point without long and detailed answers can save you a lot of time and energy. Remember, once you have been pulled over by authorities, everything you say can and will be used against you in the court of law. The good news is that it is your right to remain silent and when charged with a DUI, it’s recommended that you remain silent, while still complying with authorities, only answering questions once your legal representation arrives. The one thing that you must remember, no matter how nervous you are that you could possibly be over the legal BAC limit, is that you must submit to a chemical test. Refusal can make it harder for your DUI attorney to secure you a fast and fair resolution. Refusal to comply with authorities can be held against you and can lengthen your penalties.
When you are stopped, there are a few things you must do to ensure you comply with authorities. This means you must provide your driver’s license, name, insurance information, and date of birth. From here, you can remain silent and advise the authorities that you want to speak to a lawyer. Of course, don’t ask for an attorney to be present until you know if they are going to take you down to the station for further questioning and testing. If you are over the age of twenty-one, then you have the right to refuse a street sobriety test. Remember, when refusing this test, chances are you will be taken down to the station for a chemical test. If you are under twenty-one, then you will have to comply and have the street test done and a chemical test completed at the station. In the event you are detained by authorities, even if you have refused the street sobriety test, you must by law provide a chemical test. Refusing to comply and provide this test can result in your license suspension, depending on where you live and where you are stopped. In some states, if you are stopped or accused of driving under the influence, you immediately lose your license until further investigation and testing are completed and the court decides whether to award you with your license. In other states, your license is not suspended until decided by the courts. About Us: John R Grasso is an attorney admitted to practice in Rhode Island and Massachusetts. He is also admitted to the Federal District Courts. He is a member of the Bar of the United States Supreme Court and has an experienced support team working by his side to help focus on securing a fair resolution in the shortest period of time. John Grasso represents criminal defendants on misdemeanors and felony charges throughout the area. He handles a wide range of cases on a daily basis from domestic violence cases to immigration disputes and DUI cases to robbery and so much more. To find out more, visit http://www.johngrassolaw.com.