Most people aren’t sure how to behave when they’ve been arrested for a DUI . It’s not something a person can prepare for. There is no practice or training – only vague memories of advice from a driver’s education class you took in high school. However, there are some important things to remember when interacting with the police after being arrested for drunk driving.

For more information on how to handle a DUI arrest, contact a Philadelphia DUI defense attorney at Fienman Defense at (215) 839-9529. You can call or text to set up a free consultation about your situation.

Common mistakes people make after a DUI arrest include:

  1. Admitting to drinking or drug use. All the prosecutor needs to prove in a DUI case is whether you were under the influence of drugs or alcohol while in operation or control of a motor vehicle. If you tell the police you had something to drink – even if it was one beer or a few drinks hours before you drove – you provide the court with evidence.

  2. Saying too much. Most people are intimidated by the police and think answering their questions is the best way to be treated fairly and let go. However, in most cases, the more you say to the police, the more evidence they gather against you. You do not have to answer police questions after a DUI arrest. It is always better to clearly say you will remain silent and you want your attorney present before answering any questions.

  3. Allowing a warrantless search. After a DUI arrest, the police often ask if they can look in your car, glove box, or trunk. You never have to agree to a warrantless search of your vehicle.

  4. Believing the police. It may go against common sense, but the police may exaggerate during questioning. They may claim to have witnesses or evidence of you drunk driving, when, in fact, they do not have anything solid. The police may stretch the truth in order to entice you to confess or provide information.

  5. Refusing a breath test. Under Pennsylvania’s implied consent laws, if you refuse a breath test, the police will notify the Department of Transportation and your license can be suspended. This suspension is outside of any criminal conviction. Even if you are found innocent of the DUI charge, the suspension for refusal may still occur. It is a separate issue your attorney can fight by filing an appeal with the Court of Common Pleas.

  6. Not asking for an attorney.You have the right to ask for a lawyer after your arrest, and you should. A DUI defense lawyer like those at Fienman Defense understands the nuances of Pennsylvania traffic and criminal law. While you have the right to represent yourself, the attorneys at Fienman Defense have the knowledge and skills to successfully fight a DUI charge or reduce the consequences of a conviction.

  7. Taking advice from family and friends. We all know someone who knows someone who was charged with a DUI. The charges are relatively common, so people have just enough practical knowledge to give you bad advice. Not only can your friends and family be wrong about the law, they can also be wrong about how it applies to your situation. Instead, talk to your attorney for accurate legal advice.

For more information on how to move forward after a DUI arrest, contact a Philadelphia DUI defense attorney at Fienman Defense at (215) 839-9529 or online to schedule a free consultation.

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