Drivers all across the Commonwealth have felt that sick feeling in their stomach when they see the blue police cruiser lights turn on behind their vehicle. The feeling is even worse when you have been out and may have had a few drinks. Below are some easy to remember steps you should take if you have been stopped and arrested for OUI / DUI:
- Have your license and registration in a easy to access location in your vehicle. Do not fumble around with other documents. The police are watching all of your movements to see how in control you are.
- If you are stopped and the police suspect you are driving under the influence of drugs or alcohol, do not tell the police anything. When the officer asks you where you are coming from, simply say you wish to remain silent and that you want a lawyer. Make no mention of where you were coming from, what you were doing and what if anything you consumed that night. Be polite but be clear that you wish to remain silent.
- If the Officer asks you to exit the vehicle to perform some field sobriety tests, respectfully tell the officer that you will not do any of the tests. Many people do not know but you cannot be coerced or forced by the police into trying these road side exercises. Again, be polite but clear with the officer that you will not complete any tests.
- Do not resist the arrest. Even if you believe you were driving perfectly, do not resist. If you resist it will only make the process worse for you and make defending you more difficult.
- If the officer elects to arrest you, be calm. When you get to the jail you have an absolute right to make a phone call. You should make sure you are careful with what you say during the phone. You should tell the person where you are being held and whether the bail commissioner is allowing your release. If the commissioner is permitting you release on bail the person bailing you out must bring the full bail amount in cash plus an additional $40.00 to the police station.
You will be informed if the bail is posted that you will need to appear in the local district court the next business day. I recommend that you arrive at the court at 8:30 A.M. and report directly to the Probation Department for an intake. If you are charged with DUI / OUI you need a lawyer in your corner who not only is willing to fight for the Not Guilty but understands all the license suspension consequences as well. Attorney Gilman has defended many OUI / DUI cases across the Commonwealth. Contact Attorney Gilman today for a Free Case Consultation.