DWI/DUI: A Serious Charge Needs A Strong Defense
The less you say the more your defense has to work with. The less you say, the less evidence prosecutors have against you. The Constitution works to protect us. The Fifth Amendment guarantees our right to silence when questioned without a lawyer present, and the Fourth Amendment protects us against unwarranted search and seizure. BBA Law will scrutinize every aspect of your driving under the influence (DWI) arrest. If any of your rights were violated, we will aggressively pursue to have those charges dropped or your case dismissed.
It is the officer’s job to catch drivers who are drunk or who exhibit symptoms of drunk driving or drug affected driving and get them off of the road. While the questioning may seem friendly and casual, it is not. It is evidence collection. This evidence will be used against you to possibly revoke your license and put you in jail. If the officer wants you to take a Preliminary Breath Test (PBT) you may simply state that you refuse.
Protect Your Rights With These Two Statements
- “I’m not comfortable answering that question.”
- “If you arrest me I want a lawyer.”
Depending on your criminal record DWI/DUI convictions can result in:
- License revocation
- Heavy fines
- Jail time
Working with an experienced defense attorney can ensure that your rights are protected. Your attorney will also assess the evidence against you and examine whether or not the collection or documentation of any that evidence was invalid, inadmissible or illegally obtained. This evidence can include information in the officer’s report, field sobriety test results and roadside Breathalyzer information.
The Breathalyzer And DWI/DUI
Roadside breath testers, or “preliminary breath tests,” are not 100 percent accurate. The results cannot always be used in court because many things can affect the results and thus they are inadmissible. These roadside tests are not even close to 100 percent accurate. Refusing a PBT on the scene is a civil infraction and only comes with a fine. Incarceration is not available for civil infractions. So if you refuse a PBT on the scene the worst that can happen is a fine.
A PBT is different however from a Chemical Breath Test taken at the station after an arrest. A refusal here creates an automatic 1 year suspension and 6 points on your driving record. The implied consent law allows you to fight the suspension with a hearing to the secretary of state. A win at the hearing will stop any licensing sanctions. A loss means you can file a hardship appeal and fight in the circuit court for restricted driving privileges instead of a full revocation. Refusing the inaccurate roadside PBT is always in your best interest and can enable your lawyers to better fight your charges.
Three Things To Always Do If You Are Pulled Over
- Don’t fight.
- Be polite.
- Say, “I’m not going to answer that. I want a lawyer.”
If you are arrested for drinking and driving the officer can immediately confiscate and destroy your license. As soon as you are able, call a DWI/DUI attorney with strong defense experience. BBA Law, will aggressively fight to ensure that your rights are protected, that all legal protocol is followed and, depending on the facts of your case, fiercely pursue your options for dismissal, reduction or acquittal. Call 586-991-7611 or fill out our online contact form. In Shelby Township. Serving the entire metro Detroit area, Macomb County and Sterling Heights.