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Alcohol can be a complement to many situations – to make a dance party more free and lively, to pair off with a fine meal or to relieve stress after a long day at work. There are also many situations where drinking alcohol is totally inappropriate – not the least of which is when you are at court for a DUI hearing. One Colorado woman discovered this and was hit with a double whammy in the courts early this May. The Longmont woman was in court for her scheduled DUI hearing when the judge called for a court recess. As the woman departed the courtroom, an off-duty sheriff’s deputy noted the woman’s erratic behavior and decided to follow her. He witnessed her swerving as she left the parking lot, prompting him to radio for other officers. Two police officers identified and followed the woman’s vehicle. She had gone from her DUI hearing to a nearby liquor store; as she made her way back to the court, she nearly hit a curb and weaved back and forth in her lane. At that point, the officers turned on their lights and pulled the woman over. When asked to exit the vehicle, the woman had glassy, watery eyes and slurred speech, as well as the odor of alcohol on her breath. After declining blood and breath tests, she was given a roadside sobriety test and failed. Charges on her arrest document included DUI, speeding, unsafe lane changes and failure to yield. Repeat DUIs are making the news more and more often now that Colorado’s felony DUI bill has made it to the governor’s desk. If you have been charged with multiple DUIs, you need a strong advocate to fight for you. Check out our DUI resources and contact a Denver drunk driving lawyer as soon as possible to discuss your options. DUI Matters – Denver Drunk Driving Lawyers Source: http://www.thedenverchannel.com/news/front-range/longmont/driver-leaves-dui-court-hearing-in-longmont-gets-arrested-again-for-dui

D’oh! DUI?: Stopped for DUI at a DUI Hearing

The adage “honesty is the best policy” turned ironic for a 26-year-old Kentucky man in mid-June. After consuming a pint of beer, this individual took a joyride that ended abruptly when he drove up to the “do not enter” side of a Hopkinsville Police post. Almost crashing into a police cruiser, he made an unusual decision – he got out of his vehicle. He approached nearby officers, openly admitting to driving drunk and expressing his readiness to be arrested for DUI. In a bizarre twist, he even attempted to chase his beer with a fuel injector cleaning fluid bottle. Still, the officers managed to intervene before further harm could be done.

While the incident might be unusual, it raises an essential question for those facing a DUI stop: What should one tell the cops during such an encounter?

In daily life, honesty is often considered an admirable trait. However, when it comes to interacting with law enforcement during a DUI stop, the narrative changes. What you disclose to a police officer can significantly impact your chances of mitigating the consequences of a DUI charge.

It is crucial to recognize that engaging in conversation with the police during a DUI stop might not work in your favor. Once an officer has determined that there is probable cause to stop and arrest you, no amount of explanation or charm is likely to alter their decision. In reality, anything you say can and will be used against you in a court of law. Attempting to bargain or provide explanations may only provide law enforcement with additional ammunition, making it easier for the prosecutor to weaken your defense. Moreover, there is a risk involved in contesting the accuracy of the police officer’s report, as the jury is often inclined to believe the officer’s account, considering you may be perceived as having a motive to lie.

The Fifth Amendment exists for a reason. Even if you believe you have a valid excuse for your actions, sharing such information with a DUI attorney is advisable rather than disclosing it to the police during a stop. The fundamental principle behind the Fifth Amendment is the right to remain silent, recognizing that individuals should not be compelled to incriminate themselves. By exercising this right, you protect yourself from inadvertently providing evidence that could be used against you in court.

When faced with a DUI stop, it is essential to stay calm and composed. Refrain from volunteering information and be cautious about what you say. Politely exercise your right to remain silent and request legal representation. Remember that the objective is not to deceive or obstruct justice but to safeguard your rights and ensure a fair legal process.

Conclusion

In conclusion, while honesty remains a virtue in many aspects of life, the dynamics shift when dealing with DUI stops. Understanding the importance of the Fifth Amendment and exercising your right to remain silent can be crucial in navigating the legal complexities associated with DUI charges. Seeking guidance from a qualified DUI attorney is often the most prudent course of action, allowing you to present your case within the confines of the law and ensure a fair legal process.

Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.

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