The DUI Sink Hole: Part 1

Being charged with a DUI is a very serious matter. The DUI sink hole opened up for you the minute the officer pulled you over and asked, “Have you been drinking?” But there’s no need to let that hole get any deeper or for you to jump into it. In this 5-part blog series “The DUI Sink Hole,” we begin with advice on what to do at the time of arrest.

If you are pulled over for a DUI, follow this advice to avoid digger a deeper hole for yourself

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1. Do Not Answer Questions – When the officer asks questions, do not answer them. Keep saying, “I’d like to remain silent, officer.” Anything you say can and will be used against you. So don’t incriminate yourself regardless of how angry of threatening the officer becomes.  Quietly hand over your driver’s license, registration and proof of insurance. At this point, talking won’t help you.  It will only increase the evidence against you.

2. Do Not Perform Any Acrobatics – If the officer orders you to perform roadside Field Sobriety Tests, be aware that you are not required by law to do them. You may be asked to stand on one leg, walk a straight line or follow the officer’s finger with your eyes. These tests are designed to fail you, so politely decline, saying, “No thank you.”

3. Do Not “Blow” your Cover – Regarding the portable breath testing devices at the roadside, it is best to refuse blowing into them.  These devices are wildly inaccurate and you are not required to submit a test on them by law.  Please note: you are required to blow into the larger machine they have at the police station.  If you do not, you can be charged with a refusal.

4. If You are Arrested, Don’t Fight – If you are arrested, struggling and fighting the officers will only create a bigger mess for you.

5. Write Down Everything – Every detail of the citizen-officer interaction matters, even after the arrest. The questions asked, the witnesses, weather conditions, etc. The more details, the more your attorney has for your defense.

6. Call an Expert DUI Attorney Immediately – Don’t delay. If you are still at the police station, there are things your attorney may be able to do to help your case.  The quicker you call, the better it is for you. Please see our series: Why You Should Hire an Attorney Now for the reasons why.

The Attorneys at the McShane firm are DUI aficionados and are ready to defend your rights. Call The McShane Firm today at 1-866- McShane.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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