Getting stopped by law enforcement is rarely a pleasant experience. It’s usually a little tense, annoying, and even scary at times. But when you’re being stopped and arrested for driving under the influence or a DUI, things can be unnerving. You may wonder what kinds of fees or penalties are involved, how you’re going to get home, what will happen to your driver’s license and insurance, and what legal help is available to you. Many of your concerns can be answered by an attorney. Asking law enforcement may not be the best option, as they may not have your best interest in mind. Here are some steps you can take once you’ve been arrested for a DUI.
The main thing you want to do is stay calm and cooperate with law enforcement. Being belligerent or confrontational rarely ends well for anyone involved. Do not resist arrest, and comply with lawful orders. Mind what you say, as you do not want to incriminate yourself. This is a critical moment in the process that can have far-reaching effects on how helpful your DUI lawyer in Toronto can be in the outcome of your case.
Before you open up and start to talk to law enforcement, you need to request the presence of an attorney whether you can afford one or not as soon as you possibly can. Make the request because it is your right to do so. Before answering any questions, inform law enforcement that you wish to speak with a lawyer first. The sooner you have legal representation, the sooner your interests can be protected and the proper procedures ensured.
The last thing you want to do is incriminate yourself unknowingly. To avoid self-incrimination, it’s a good idea to remain silent. The Miranda Rights begin with, “You have the right to remain silent.” And indeed you do. All you need to do is politely inform law enforcement that you are invoking your right to be silent. You may have to repeat this several times, as law enforcement will attempt to get you to volunteer information. You never know how your words can be used against you, so stay silent to preserve your safety in a court of law until you have spoken to an attorney.
Some jurisdictions will perform chemical testing to determine the severity of a DUI. Failure to submit to this testing may result in a further penalty. Laws regarding this vary from one jurisdiction to another, so speak with an attorney before agreeing to any tests.
As soon as you can and while the details of your experience are still fresh in your mind, write down everything you remember. Recall the arrest details, the time, the location, and any witnesses present. You’ll also want to keep any evidence, including pictures and paperwork. Your attorney can let you know what items are relevant to your case and develop a strategy that includes it.
After a DUI, you must take informed action to help you get the best possible outcome. You have the right to an attorney, and you have the right not to incriminate yourself. After a DUI arrest, it’s of the utmost importance that you protect your rights as best you can.
