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Why DWI/DUI Cases Are Diffcult to Win
DWI/DUI are difficult cases to win for any lawyer because the driver has usually convicted himself before he/she is arrested, by admitting they were drinking, by making some excuses and by agreeing to take field sobriety tests.
If you have been drinking, you should know your rights if you are stopped in your car:
- Show only your driver's license and registration. Your car may be searched without a warrant as long as the police have probable cause. Do not consent to a search under any circumstances. It is not lawful for police to arrest you simply for refusing to consent to a search.
- If you are asked to get out of the car do so but do not consent to field sobriety tests. Your driver's license may be suspended under the implied consent law but you will not be testifying against yourself by performing tests you will most likely fail.
- If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.
If you are arrested and taken to the police station:
- You have the right to remain silent and to talk to a lawyer before you talk to the police.
- Tell the police nothing except your name and address.
- Don't give any explanations, excuses or stories. Only the judge matters not the police.
- Ask to see a lawyer immediately.
- Don't say anything without a lawyer.
- Within a reasonable time after your booking, you have the right to make a local phone call to a lawyer, bail bondsman, a relative or any other person. The police may not listen whne you call the lawyer.
- Do not make any decisions in your case until you have talked with a lawyer.
If you would like more information on this subject or if you have a specific question about this subject, feel free to call Attorney Roy Weddleton at (603) 228-1151 or e-mail him at roy@granitelaw.com.
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