12th September 2022
It’s obviously scary after being arrested for a DUI. You’re not only worried about potential jail time and stiff fines, you might also be dreading having an interlock device put on your car. But you’re going to need to keep a clear head – an arrest won’t necessarily mean a conviction.
Suppose you took a Breathalyzer test that revealed your BAC (blood alcohol concentration) level was too high. That doesn’t necessarily prove anything. You might have just swished some mouthwash, or you might have been taking some medicine that could have voided the results. Your diet could have even contributed to a positive test.
So, don’t immediately assume the worst. While you shouldn’t panic, you should take action. The most important thing to do will be to hire a DUI defense attorney as quickly as you can. At Sand Law, we have helped clients facing DUI charges for a long time, and we’ve helped many of them clear their records. While we can’t make any promises, of course, we can promise that we’ll provide you the very best defense we can, and do everything possible to uncover the evidence it takes to either have your penalties reduced substantially, or have your case dropped completely.
1. Hire a DUI Defense Attorney
Again, you’re going to need the help of an experienced legal representative to have the best chance of achieving a positive result in your case. For example, an attorney will investigate to see if your Breathalyzer test was faulty. As we touched on earlier, there are several reasons why this may happen. Here are just some of the more common ones.
- Diet drinks. Did you have a couple of alcoholic beverages using diet soda as a mixer? That soda could have artificially boosted your Breathalyzer reading. Research indicates that if you drink, for instance, a bourbon and diet soda, your BAC level could be much higher than if you had mixed your bourbon with a non-diet soda. This might not seem like a huge distinction on the surface, but it could be incredibly important for your case.
- Your diet. You might not realize it, but what you eat could also affect your BAC level. Ketones are the byproduct of fat being converted into energy. They’re actually close to isopropyl alcohol in chemical structure. If you’re on a diet that’s high in protein but low in carbs, your body likely produces more ketones than normal. This could register on a Breathalyzer test.
- Medicines you’re taking. If you have asthma, there’s a good chance you have to take an inhaler containing albuterol. This could also raise your BAC level. If you have acid reflux, your body has more acid than someone who doesn’t have the condition. That could also lead to a false Breathalyzer reading.
In addition to seeing if your Breathalyzer test was faulty, your attorney will also look into other aspects of your case. Police officers have to follow strict procedures when arresting someone for a DUI. If they make even a seemingly minor error, that could result in your case being thrown out of court.
The officer, for instance, may have failed to read you your Miranda rights, or didn’t tell you the consequences of not performing a field sobriety exercise, or taking a Breathalyzer. Your attorney could file a motion to suppress any evidence the officer obtained improperly.
2. Start a Case Folder
The better organized you are, the better the chances your charges will be dropped. Keep every piece of paper associated with your arrest, including the original citation and any other paperwork you may receive from the court. If you purchased drinks the night you were arrested whether at a restaurant, a bar or anywhere else, get all receipts you can find.
Did you send or receive any text messages that night, or did you take any photos with friends? Print out those texts and pictures. If you posted anything to social media that night, print those posts as well. There might be a chance your attorney could find something that could help your case. Also, write down the contact information of anyone you spoke to before you were arrested. They may be able to testify that you weren’t intoxicated.
3. Don’t Talk About Your Arrest to Anyone
This is going to be incredibly important. Don’t speak with your family, friends or anyone else regarding the fact you’ve been arrested. Definitely don’t post anything on social media – not even if you’re completely convinced you’re not guilty, or you believe you were mistreated in any way.
The reason is that the prosecuting attorney will use anything that you say – or post – against you if at all possible. Many prosecutors will not hesitate to scour an arrestee’s social media accounts to look for something incriminating. They will even contact friends and family to try to build a case against you.
The only person you should have any discussions with concerning your case is your attorney – that’s it.
Contact a DUI Defense Attorney Today to Schedule a Free Case Evaluation
The attorneys with Sand Law are well aware of what you’re going through. They understand the stress and anxiety you’re feeling. They also have a deep understanding of DUI laws in North Dakota, and will use that knowledge to help in any way they can.
Don’t try to go it alone. Don’t let your fear control the way you think. Get in touch with us as soon as you can so we can help you decide the best – and smartest – course of action. If you don’t get legal representation, it could very well wind up being one of the worst mistakes you’ll ever make.