First, if you have been drinking or are impaired in any way, you should not drive. Taking an Uber or finding a place to stay for the night is the best way to keep yourself from getting a DUI and ensures everyone’s safety. However, in the event that you are pulled over and investigated for a DUI, you have the right to refuse taking field sobriety tests and an alcohol breath test.
During your initial encounter with an officer:
- You should be polite and cooperative. Remain calm and focused to help avoid appearing impaired.
- You have the right to remain silent. You are not required to and should not answer any questions, except for providing your name and identification to the officer.
- You have the right to refuse consent to search your person or belongings. Police may perform a pat-down if they suspect you are concealing a weapon. In this situation, it’s important to remember that they may still search you or your vehicle against your objections. However, vocalizing your objection may help preserve your rights in any further legal proceedings.
- You have the right to refuse a breath test.
If you are arrested:
- You should not run or resist an officer’s attempt at arrest.
- You have the right to speak with an attorney, either court-appointed or hired privately.
- If you choose to answer questions asked by an officer, you should not lie or give false information, and remember that you may invoke your right to remain silent at any time.
- If you have been injured or feel that your rights were otherwise violated during an encounter with the police, you should immediately write down what you remember including names and badge numbers and document any evidence of injury. You may choose to consult with an attorney to determine further action.
Contact our office to schedule an initial consultation if you have recently been charged with a
DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at
330-922-4491 or fill out our
contact form.
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