With Mardi Gras and Spring Break coming up everyone knows cops go looking for drunk drivers, but arrested individuals are unaware of what rights they actually have.

If arrested for a DUI, fight it, because taking a misdemeanor DUI charge to trial and losing means you are looking at basically the same penalties as if you had just taken probation.

DUI probation keeps the arrest on your record, you still have to take the same alcohol classes and pay similar fines, as if you have taken your case to trial and lost.

Pleading guilty and taking probation for a DUI still counts as a “conviction”. Two DUI “convictions” means your third DUI arrest is now up charged to a felony.

Once arrested, exercise your constitutional rights. Utilize your right to remain silent. Do not admit to having any drinks, always ask for an attorney and consider taking your case to a jury to trial.

The driver is not mandated to do any field sobriety tests or blow. A refusal to blow will revoke your license for a year. You can still be charged with a DUI if you blow below a .08. Prosecutors will use these refusals against you at trial, but there are many justifications for refusing, like medical reasons.

If the cop administers more then one test, you are getting arrested. Performing multiple tests rarely exonerates anyone; but only helps the cop build a case against you. If you were not driving then you do not have to blow or perform any tests.

Driving drunk is not smart, but hiring an attorney to defend is your smartestmove. Questions about your rights? Contact me.