While law enforcement officers have the technology to know if someone is driving under the influence, it is still possible that a driver can be falsely accused. For example, certain prescription medications, inaccurate sobriety testing, and even discrimination may account for these false accusations.
If you ever land in one of these situations, here’s what you need to know:
Know your rights
One of the first things you should do once you are falsely accused of a DUI is to understand your legal rights. For example, keep in mind that according the U.S. Constitution, you have the right to remain silent upon arrest. Remember, this is no time for an argument with a law enforcement officer. In fact, keeping silent may actually help you maintain your innocence.
Apart from the right to remain silent, it is also your right to decline sobriety testing. However, do keep in mind that refusing testing may be used against you later in court. Additionally, while an officer can legally confiscate items in plain sight, they may not search your vehicle without a probable cause or a reasonable suspicion. Without the latter, your property is your business.
Keep records of everything
Document everything that occurred during the false accusation, from where and when it happened to the conversation that occured with the police officer. This is especially important if you were falsely accused due to bias or discrimination. If there were any witnesses, take note of their perspective as well.
Also gather any proof you have to prove your innocence. For example, if you are taking any medications or have a condition such as diabetes that may increase the acetone levels in your body, provide proof of this. It’s also said that certain diets such as the Atkin’s diet may cause increased acetone levels in your body, according to DUI News Blog.
Seek out a lawyer
Your next step after a false DUI accusation is to reach out to a skilled lawyer. When you have a lawyer by your side, you not only have someone to help you potentially win your case but also to help guide you through your legal rights and answer any questions you may have about the law.
When looking for a knowledgeable lawyer, search for reviews from previous clients. Also check their website to learn more about them and their practice. Once you talk to this lawyer, ask them about their years of experience, their knowledge in false DUI cases, and their ratio of case wins to losses. Don’t just settle on a lawyer until you are confident they are the right one for you.
Please visit www.brandenburglawoffices.com for more information.
It seems uncommon, but false DUI accusations are more common than one may think. In fact, there are several reasons a DUI case can be inaccurately charged. Regardless, if you know you’re innocent, there are things you can do. Understanding your legal rights, keeping records, and finding a lawyer are all things you can do to ensure you’re not convicted.