Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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What To Do if I Am Stopped for a DUI?

First, the answer is not the same for everybody and should not be considered formal legal advice. But as a former DUI Prosecutor, I can tell you what I would do after handling over 10,000 DUI cases as a Prosecutor and Defense Attorney.

Initial Stop: The Officer(s) will probably act like they are going to let you go after a few short "tests" outside you vehicle. These are called Field Sobriety Test developed by the National Highway Traffic Association. Many of the roadsides tests are only about 65% accurate in correctly assessing a motorists sobriety according to published scientific studies. So why chance it/ Refuse the field sobriety tests altogether! Completely, don't give in to any of their threats! This is your constitutional right!You'll get arrested, but a good attorney will be in better shape to beat your case!

Post Arrest: Don't engage in conversation. Just provide them the basic information. Whatever you do DON'T provide a Breath sample, blood or urine (your constitutional right). Don't give in to threats here either! A no fields no breath case is by far the easiest case for a DUI lawyer to win and get your record expunged!

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