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What Should You Do When You've Been Charged With a DUI?

October 18, 2024

Facing a DUI (Driving Under the Influence) charge can be an overwhelming and stressful experience. It is crucial to know the right steps to take to ensure the best possible outcome for your case. This post will guide you through the appropriate actions you should consider if you find yourself in this situation, including understanding your rights, seeking legal counsel via a DUI lawyer, and preparing your defense.


1. Recognize Your Rights

First and foremost, it is essential to have a basic understanding of your rights to be able to help your attorney prepare the best defense possible. If you are pulled over or come in contact with a law enforcement officer for suspicion of driving under the influence, remain calm and be polite with the officer or officers. Your interaction with the officer is not a time when you should be argumentative or unruly. The officer's job is to determine whether or not you are under the influence of alcohol and/or drugs and will likely ask that you perform certain standard field sobriety tests. You have the right to refuse to submit to these tests. If you do refuse, the officer will likely take you into custody as a result of your refusal, but you are not required by law to submit to any field sobriety test. If your encounter with law enforcement results in an arrest for driving under the influence, the officer is going to read you a form and request that you submit a blood sample for the purpose of determining the presence or lack thereof of alcohol and/or drugs. You do not have to agree to give your blood for testing but if you do not, you may be charged with a violation of the implied consent law, which can result in a suspension of your driver's license.


2. Seek Out Legal Counsel

Secondly, seeking legal counsel is a critical step in handling a DUI charge effectively. A qualified DUI lawyer will be familiar with the intricacies of DUI laws and can provide guidance on the best course of action. According to DrunkDrivingPrevention.com, about 1.5 million people were arrested in a given year for driving under the influence of alcohol or drugs. This statistic underscores how many professionals you'll have access to if you need legal aid. Having experienced legal representation to navigate the complexities of DUI cases is imperative.


3. Prepare Your Defense

Additionally, it is important to begin gathering evidence and preparing your defense as soon as possible. This can include obtaining any relevant documentation, such as police reports, blood alcohol concentration reports, witness statements, dashcam footage, and bodycam videos from all of the officers on the scene. An attorney can assist in identifying any procedural errors or potential weaknesses in the prosecution’s case. Being proactive in building a strong defense can significantly impact the outcome of your case and potentially lead to reduced charges or penalties.


Being charged with a DUI is undoubtedly a serious matter, but knowing the right steps to take can help you manage the situation more effectively. Protecting your rights, seeking experienced legal counsel, and preparing a strong defense are all crucial actions to take. By staying informed and proactive, you can improve your chances of achieving a favorable resolution.


Are you looking for a DUI lawyer in Tennessee? Here at Whitaker Law Office, we've provided clients with knowledgeable legal counsel since 2015. Contact us today to schedule a consultation.

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