Criminal Law
What to do when you get arrested by Police for drinking and driving?
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What to do when you get arrested by Police for drinking and driving?
If you’re arrested for drinking and driving, it’s important to handle the situation carefully. Here are some steps you should consider:
- Remain Calm and Cooperative: Stay composed and follow the police officer’s instructions. Don’t resist arrest or argue, as this could worsen your situation.
- Exercise Your Right to Remain Silent: You have the right not to incriminate yourself. Politely state that you wish to remain silent until you can speak with an attorney.
- Request an Attorney: Ask to speak to a lawyer as soon as possible. If you can’t afford one, you are entitled to have one appointed for you.
- Avoid Discussing the Incident: Don’t discuss the incident with the police or anyone else until you’ve spoken to your lawyer. Anything you say can be used against you in court.
- Take Note of the Circumstances: Remember details about the arrest, such as the time, location, how the field sobriety tests were conducted, and what was said.
- Comply with Required Tests: In many jurisdictions, refusing a breathalyzer or blood test can result in immediate penalties. However, whether or not to comply can be a complex decision, and legal advice is beneficial.
- Contact Someone for Help: If possible, contact a family member or friend to inform them of your situation.
- Prepare for the Legal Process: Understand that there will be legal proceedings following your arrest. Work with your attorney to prepare for these.
- Consider Long-term Implications: Reflect on the choices that led to the situation and consider seeking help if you have a problem with alcohol.
- Understand Your Rights and Responsibilities: Each jurisdiction has different laws regarding DUI/DWI. Familiarize yourself with your rights and responsibilities under these laws.
Remember, the best course of action is to avoid drinking and driving altogether. If you have been drinking, consider alternatives like a taxi, rideshare service, public transportation, or a designated driver.
You can also learn more about Impaired driving investigations
You are highly advised to seek legal advice from a practicing lawyer in Canada. Our criminal law lawyer Samin Mortazavi can help you!
The information presented is for informational and educational purposes only and may not be accurate. This information does not replace getting legal advice from a qualified, practicing lawyer. If you are facing a legal dilemma, you should make an appointment and consult with one of our licensed and practicing lawyers.
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