The Centers for Disease Control and Prevention (CDC) reports that about one million arrests are made in the United States each year for driving under the influence of alcohol and drugs.
Drivers might sometimes get pulled over by the police and be asked to take a breath test or a blood test. Participating in field sobriety exercises can also be asked of you. Many people don’t realize they have rights even before they’re arrested. What you say and do during those first few minutes can affect your whole case.
That’s why it helps to understand your options ahead of time and know how a pre-arrest test DWI lawyer can help you early on.
How will you know whether or not you have to take a DWI test? This article will discuss the signs that indicate the need for a DWI test and how having a lawyer can help your case.
Understanding Your Rights During a DWI Stop
You need to know what rights you are entitled to if you are stopped for DWI. You have the right to remain silent and refuse to answer questions that might incriminate you.
Another right you have is to refuse to do the field tests. Keep in mind that refusing to blow into a breathalyzer can be cause for automatic sanctions. You have a right to obtain an attorney before proceeding with anything further.
Keep calm and be respectful during the stop. Aggressiveness will only lead to unnecessary escalation, which can be bad for your situation. The best action you can take moving forward is to enhance your understanding of your rights, as this knowledge will be most beneficial during a DWI encounter.
Doing these steps helps maintain your safety and comply with legalities.
The Types of DWI Tests: Breath, Blood, and Urine
The three usual types of DWI tests are breath, blood, or urine tests. These tests measure the amount of alcohol present in the blood.
Breathalyzers are used during breath tests. These tests are technically performed at the roadside. Your blood alcohol concentration (BAC) will be estimated through analysis of your breath sample.
Health-care facilities conduct blood tests, which offer a more direct and accurate measurement of your blood-alcohol level. Urine tests can be performed to check for the presence of alcohol or various drugs in the system.
Marijuana DUI lawyer Thomas S. Peters says a THC concentration level of 5.00 nanograms per milliliter of whole blood can result in you being charged with operating a vehicle under the influence of marijuana.
Each approach has merits and cons based on precision, time, and invasiveness. A competent lawyer can help you negotiate these options.
Legal Consequences of Refusing a DWI Test
State-to-state variations in the legal consequences of refusing a DWI test could result in immediate penalties.
These penalties include license suspension, ranging from a few months to almost a year, and in some cases, even without a conviction. Some states operate under “implied consent,” whereby, by operating a vehicle, you have already consented to submit to such testing.
The refusal carries penalties, which may elevate your fines or insurance premiums. Refusal may sometimes be held against you in court, making the situation more difficult when trying to defend yourself.
You may be reluctant to take a test, but refusing one will have worse consequences than taking it.
How a Lawyer Can Advocate for You on the Scene
During a DWI stop, an experienced attorney can serve as your most effective ally, offering immediate on-site assistance. They can swiftly analyze the situation and consult you on your options and rights.
If you are questioned or given field sobriety tests, your attorney will protect you against self-incrimination. They may also talk to cops to ease tension.
The presence of legal counsel could remind officers of proper protocols and may work to your advantage in the situation. If you feel unclear about the legality of any procedure taking place, your counsel will inform you of your rights and protect you from wrongful arrest or unfair treatment.
Stay calm while the lawyer leads you through this ordeal.
The Importance of Seeking Legal Advice Early in the Process
Keeping a legal counsel early on in your case substantially affects the outcome of your case.
When you call your lawyer immediately after the arrest, you can receive full information about your rights and alternatives open to you. They will tell you what consequences follow from taking or refusing a DWI test.
Early intervention can help you obtain vital defense evidence like witness statements. An attorney will advise you on how to communicate with the police and what actions to avoid negative admissions that could harm your defense.
