If you have been arrested for a DUI or other crime, it is imperative that you know what you should and should not do. Here is a basic guide:
Do Remain Silent.
Yes, the police are going to ask you questions, but you do not have to answer them. In fact, you shouldn't answer them. The only thing that you should ever say to police is that you want to speak to your attorney. The police will do whatever they can and will use any tactics possible to try to get you to talk. This includes lying to you, so keep that in mind, especially if you've been arrested with a friend. Remember, you don't need to try to argue your innocence now to the arresting officer, as you'll have a chance to do this later.
Don't Run.
You should always listen to the police, and you should never run from them. For one, this only makes you look guilty. For two, police could get suspicious as to whether you have a weapon and could draw their own guns. In addition, you are putting yourself in a position to face an additional charge—resisting arrest.
Do Be Polite.
Yes, it can be tempting to mouth off to the police, especially if you feel that you have been wrongfully accused of a crime, but it isn't going to help your case any. In some cases, you may be able to catch a break by being nice and respectful of the officers. However, if you're rude or even attempt to assault an officer, you could see additional charges or an increase in severity of the existing charges.
Don't Agree to Any Type of Test or Search.
Before you ever undergo a test that the police is recommending, make sure you speak to your lawyer. This includes things like blood tests, field sobriety tests and polygraph (lie detector) tests. This also includes the collection of your DNA or anything of the sort. The same is true for giving consent to a search of your car, home, etc.
Do File a Complaint.
If you feel that your constitutional rights have been violated during the arrest process, make sure to file a written complaint. Before turning this complaint in, make a copy of it. In fact, make a couple of copies of it so that you can keep one in a safe deposit box or with a friend. When you see your lawyer, make sure to give him or her a copy as well. In some instances, it will be your lawyer that recommends the filing of the complaint.
If you've been arrested, make sure you speak to an attorney at your very earliest convenience. There may be holes in the prosecution's cases, such as lack of probable cause for your arrest, and a lawyer will be able to grind down the facts of the case and locate any issues that could potentially help you. For more legal counsel specific to your situation, contact a criminal attorney like Kayle Jackson.
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