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If you’re stopped for driving under the influence, what should you do? Here are the basics. 

Provide Your Driver’s License, Insurance, and Registration 

You are legally required to carry your driver’s license, insurance card, and vehicle registration. If you are not carrying this documentation, refuse to provide it, or provide false information, you may be ticketed or even arrested, and charged with any number of offenses, including interfering with a police officer in the performance of their duties. 

Politely Decline to Answer Additional Questions 

The officer will ask you where you came from, where you’re going, and when you last consumed an alcoholic beverage, illegal substance, or controlled medication. You do not have to answer these questions. You have the right to remain silent, and you should absolutely invoke it to prevent the officer from having a statement that can be used against you. Be polite about it.  But do it.

Decline to Submit to Field Sobriety Testing 

Contrary to popular belief, you are not legally required to submit to field sobriety testing, even if the officer who stopped you requests that you do. They may attempt to intimidate you or make you believe that you have to submit to these tests, but it is your right to politely decline. Doing so can protect you from having evidence gathered against you. 

Take the Breathalyzer Test Only if You Have Had 2 Drinks or Less; Otherwise, Refuse

After the police officer arrests you on-scene, you will be taken to a nearby police station, where the officer will ask you whether you want to take a breathalyzer test.  It is your choice whether to take the test or refuse.

 

Before you make the decision, the officer will read you what is called an “Implied Consent Advisory,” which explains the administrative consequences of 1) taking the test and blowing a 0.08 or above, or 2) refusing to take the test.  The key thing to understand here is that if you blow UNDER a 0.08, you will not suffer any administrative consequences. 

 

So, this is where you need to be honest with yourself. How much have you REALLY had to drink?  If you only had 2 drinks or less, you stand a very good chance of blowing under a 0.08. Go ahead and take the test.  But, if you have had more than 2 drinks (and, let’s be honest – that is the case for most people), then you should refuse.

Contact an Attorney as Soon as Possible 

If you are charged with a DUI in Connecticut, don’t wait to get help from an attorney who can help protect your rights after an arrest. Drunk driving charges are serious and can impact you for the remainder of your life, making it more difficult for you to get a job, apply for a loan, or pursue higher education. Contact Llinas Law Immigration & Criminal Defense today for more information on what steps you need to take after a DUI arrest. Call now at 860-530-1781

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