First and foremost do not make any statements to the police!
Say nothing and sign nothing!
Never allow police to scare or intimidate you into answering questions. Being under investigation by the police can often be a stressful and sometimes scary situation. You may believe that speaking to the police will help you, or that you may be able to talk your way out of a situation. DO NOT try this; it is almost never a good idea.
Instead, you should contact a defense attorney who can assist you with your case. Your attorney will speak to the police on your behalf, providing information regarding your innocence which may result in charges not being filed. But, more importantly, this prevents the police from having a statement which can be used against you in court later.
It is your constitutional right to remain silent. Exercise that right!
Contact an Attorney Immediately!
Even if you are innocent of the OUI charges against you, you need an attorney by your side to fight for your best interests. The criminal justice system will be stacked against you and a good defense attorney will help to level the playing field. The sooner you call an attorney, the sooner they can start working on your case. Early planning will give your attorney more time to conduct thorough investigation, preserve evidence and prepare a good defense.
Your OUI attorney will be able to evaluate your case and determine whether it is in your best interest to proceed to a trial after such investigation. He will develop the best strategy for wining your case. Also, if it is not in your best interest to proceed to trial, your attorney can negotiate a proper plea with the prosecution.
What is the officer looking for when he stops me?
- Flushed face
- Red, watery, or glassy, bloodshot eyes
- Odor of alcohol on your breath
- Slurred speech
- Fumbling while trying to get license
- Failure to understand officer’s questions
- Staggering upon exiting your vehicle
- Swaying or instability on feet
- Leaning on car for support
- Combative, argumentative, jovial or other “inappropriate” behavior
- Soiled, rumpled or disorderly clothing
- Inability to follow directions
- Disorientation as to time and place
Should I consent to a chemical test to determine my BAC?
Drivers are required to submit to a chemical test through his blood, breath, or urine upon officer’s requests. If you refuse to submit to such tests you are looking at serious penalties, usually a 180 day suspension of your license. Such suspension is valid and can be upheld even if you are subsequently found not guilty of OUI.
While a good attorney will see to it that evidence of your refusal is not admitted in court, the decision of whether to submit to such tests or not should not be taken lightly considering the consequence of refusal.
Which chemical test should I choose?
You will usually have the option of choosing a breath, urine or blood test. However, if they do not have one of the above options you cannot choose that and claim it is the police department’s fault they did not have that particular test. This will be treated as a refusal and the same penalties will apply.
If you are certain you have not been drinking, that there is no alcohol in your system then choose the blood test as this is the most accurate. If not, choose the breath test as these are less accurate and more easily refuted in court. Urinalysis is the least accurate of the three.
