Law Office of Dathan Hill April 2019 225-224-6412

April 2019

A Good Stopping Place Knowing the Right Steps to Take During a DUI Stop

Now more than ever, one of the most important lessons you can learn in the legal world is knowing your rights when you’re getting pulled over for a suspected DUI. A DUI or DWI charge can follow you for the rest of your life, depending on the severity of and circumstances surrounding your actions — or suspected actions. That’s why, for the safety of everybody involved, you should always be made aware of your rights when an officer of the law administers field sobriety tests to — subjectively — prove or disprove your guilt. There is such a large amount of variance that can go into a charge like this, and you owe it to yourself to make the right choice: Contact the proven DUI defenders at the Law Office of Dathan L. Hill. DUIs are no laughing matter. If you’re guilty of driving while intoxicated, you’ve made a serious mistake that could result in the wrongful injury or death of an innocent bystander. On the other side of that coin, a DUI charge also means law enforcement and the courts may make certain assumptions based on their suspicions. Maybe they’re thinking “better safe than sorry,” or even have ulterior motives and are looking for a way to unjustly lock you up. Whatever their reasoning is —whether pure or a case of wrongful conviction — you should always be prepared for the worst the moment you realize you’re getting pulled over because of anything to do with alcohol. As I always tell my clients, the first thing you should remember when you’re getting pulled over is that you have the right to remain silent. You are legally required to hand over any identification and proof of registration, but you have an inalienable right to not answer any further questions and you positively should utilize that right. The more you talk, the better your chances of ending up in a cell that night.

Let the officer know right away that you wish to speak to your attorney, then immediately exercise your right to silence — to the fullest extent. I cannot stress this point enough because the old adage is absolutely true that they can and will use those words against you in a court of law. The fact of the matter is that you’re most likely not a legal professional — shocking, I know. But as such, you are very likely to fall prey to the tricky word games officers play that can cause you to incriminate yourself even when you haven’t done anything wrong. One of the most deceptive questions I hear time and again is when officers ask a client if they have had anything to drink that night. The client will try to play it cool by saying they’ve just had one beer or two glasses of wine or some other small amount, but there you go again, not exercising your right to remain silent. By admitting you’ve had any amount of alcohol to drink, they can pin a DUI on you— you are under the influence of alcohol. Since alcohol doesn’t affect everybody the same, they can make a case that it influenced your actions. And if they clock you in at over .08 BAC on the Breathalyzer, eveything takes a potentially more serious turn: to DWI. Lastly, and this is crucial, make sure you decline to take a field sobriety test. If they really want to take you to jail, don’t fight them; simply tell

them that you wish to speak to your attorney for counsel. The chances of you actually getting charged are much higher if they use their subjective reasoning to determine the level of your intoxication by taking you through their field sobriety tests. Everything hangs on the officer’s judgment at that point, and many times, they will jump at the chance to haul you in if you stumble in any portion of the test. I won’t stand for subjective reasoning playing a factor in a court of law. With the Law Office of Dathan L. Hill by your side, you will have peace of mind knowing that we’ll always be there to handle your legal troubles and right the wrongs of questionable practices. If you tell a law enforcement officer that you need to speak to an attorney, make sure that attorney is Dathan Hill. I live to give a voice to the voiceless.

-Dathan Hill | 1

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