DUI investigations are high-pressure situations that often lead individuals to make mistakes that can significantly impact their cases. Understanding these common errors can help you protect your rights and minimize the consequences of a potential DUI investigation.
Here are the top 10 mistakes people commonly make during a DUI investigation, along with practical advice on how to avoid them.
Mistake #1: Failing to Remain Calm During a Stop
When stopped by law enforcement, the stress and anxiety of a DUI stop can make individuals react poorly. They may become argumentative, defensive, or even hostile. This often escalates the situation and may lead officers to perceive them as more intoxicated, potentially influencing their judgment.
Arguing or being confrontational with the officer can be seen as an indication of impairment or evasiveness. Aggressive behaviour can lead to charges like obstruction or resisting arrest, further complicating the case.
How can you avoid these consequences? Stay calm and polite. Address the officer respectfully and answer their questions succinctly. You have the right to remain silent, but you should be polite in exercising that right.
Avoid Arguing. If you disagree with the officer’s suspicions or actions, make a mental note of this so you can challenge this evidence later. If you are offered a lawyer, calmly ask for legal representation instead of escalating the conversation.
Mistake #2: Failing to Invoke the Right to Remain Silent
Many individuals, fearing the consequences of a DUI, try to explain themselves too much to officers. While it’s normal to want to clear up misunderstandings, the more someone talks, the more likely they are to make self-incriminating statements.
Another problem is that people are often tempted to lie, refusing to admit drinking and instead denying it or distancing themselves from alcohol consumption.
Self-incrimination is a major concern in DUI investigations. Even a statement as simple as “I’ve had a couple of drinks” can be used against you in court. This can result in a weakened defence, especially if you lie. Prosecutors or adjudicators may use anything you say, even if you were attempting to explain or downplay the situation, as evidence of guilt. Lies are treated as detrimental to your credibility. But silence can legally never be held against you.
You should therefore always exercise your right to remain silent. Politely inform the officer that you wish to remain silent. The less you say, the less you can potentially harm your case.
Only provide essential information. Cooperate with basic questions such as your name, address, insurance and license, and the name and address of the registered owner. These are legally required. But avoid discussing how much you’ve had to drink or your driving behaviour.
Mistake #3: Failing to Request Legal Counsel When Appropriate
Many individuals do not properly request a lawyer during a DUI stop, thinking they can handle the situation on their own. However, DUI cases involve complex legal procedures, and without a lawyer’s guidance, mistakes can easily occur.
Of course, there are some points in a DUI investigation when you are not entitled to a lawyer, such as when you are being asked to provide samples into a roadside breathalyzer. But if the police read you the right to call a lawyer, always request one.
Do not be fooled into making poor legal decisions. Without legal counsel, individuals may unknowingly agree to undergo otherwise voluntary evaluations or make statements that hurt their case. This increases their risk of conviction. Without the proper legal guidance, the likelihood of a conviction increases due to missteps during the investigation and trial.
The advice is simple: ask for a lawyer if offered one. If you are arrested, request to speak with a lawyer immediately. Don’t make critical decisions that could affect your case without advice.
An experienced DUI lawyer can guide you on what to be aware of in the procedure leading up to the breathalyzer or in the Drug Recognition Evaluation, based on the circumstances.
Mistake #4: Refusing to Submit to Breathalyzer or Field Sobriety Tests
While it may seem like a good idea to refuse tests in order to avoid the possibility of failing them, refusal can backfire. Refusing to provide a breath sample is a criminal offence. You should always provide a sample if one is demanded. Do not attempt to adjudicate the validity of the demand on your own.
Beyond the automatic criminal charge, refusal to take a breathalyzer test automatically results in a mandatory and immediate license suspension, even if you are not ultimately convicted of DUI.
Refusing testing may be used against you, and prosecutors may argue that the refusal implies guilt. The Criminal Code permits this inference to be drawn in your case.
Know the law. You are legally required to take the breathalyzer test if asked. Moreover, testing often provides the best opportunity for your lawyer to challenge the results later.
Mistake #5: Failing to Challenge Improper Tests
Breath tests are not infallible and can easily be influenced by factors unrelated to intoxication, such as medical conditions, mouth alcohol, or temperature variability. Many individuals do not know that they have the right to challenge the validity of these tests.
Unquestioned breathalyzer test results can unfairly contribute to the perception of impairment, despite legitimate reasons for poor performance.
Always ask a lawyer to review your case once charged. A skilled lawyer can often challenge breathalyzers on various grounds such as improper administration, medical conditions, or calibration problems.
Mistake #6: Failing to Understand the Implications of Refusing to Provide Documents
When stopped by police, failure to provide a driver’s license, registration, and insurance can lead to severe consequences. While you are not obligated to answer every question, failing to provide basic identification and documentation is still an offence under the Motor Vehicle Act. Worse still, it can lead to obstruction charges.
Not providing the required documents could be interpreted as an attempt to evade the law, leading to more intense scrutiny. In some cases, failure to comply with basic documentation requests can result in arrest or additional charges, especially when accompanied by a refusal to exit the vehicle or hand over the keys when requested to do so.
Cooperate with basic requests that are required by law. Always have your documents readily available when driving and provide them when asked by police. Your cooperation with basic documentation requests is crucial to minimizing suspicion.
In addition, having your documents handy decreases the chances that the officer will interpret your searching for them as a sign of impairment, such as fumbling or lack of coordination.
Mistake #7: Failing to Recognize That Medical Conditions Can Affect DUI Investigations
Certain medical conditions, such as diabetes or neurological disorders, can cause symptoms that mimic intoxication, such as slurred speech, poor motor coordination, or disorientation. Individuals with these conditions may inadvertently perform poorly on sobriety tests or seem impaired.
Officers may misinterpret signs of medical conditions as signs of alcohol or drug intoxication. People with these conditions may fail field sobriety tests or breathalyzers due to medical reasons, not because of alcohol or drug impairment. Or, people with breathing problems or lung issues may also be unable to provide a sample.
Disclose your medical conditions to your lawyer. Obtain medical records immediately after your DUI arrest.
If you have a medical condition that could affect your ability to produce a breath sample, politely inform the officer before testing.
In some cases, a medical professional may need to examine you to verify that your symptoms are not related to alcohol or drugs. Be honest with your doctor or healthcare provider about the circumstances of the incident, and have them evaluate you shortly afterward to confirm your condition was caused by something other than alcohol impairment.
Mistake #8: Underestimating the Importance of Breathalyzer Maintenance
Breathalyzer machines need to be properly calibrated and maintained to ensure their accuracy. Many individuals, and even some lawyers, fail to question whether the breathalyzer used in their case was functioning correctly, which can lead to wrongful convictions.
Faulty calibration or improper administration of the breathalyzer can lead to inaccurate blood alcohol readings, which could unfairly impact your case. If the results of a breathalyzer are not properly challenged, the prosecution can use them as a significant piece of evidence in your trial. There are complex rules in Canada for how breathalyzers can be challenged, so, having experience legal assistance can make this a lot easier for you.
Challenge the evidence. Your lawyer should review the breathalyzer’s calibration and maintenance records. If there is any evidence of malfunction, it may provide grounds for challenging the results.
Mistake #9: Failing to Consult a Lawyer Early
People often try to handle a DUI investigation on their own, either due to financial concerns or lack of understanding about the severity of the situation. This can lead to poor decisions that negatively impact their case. DUI investigations often come along with strict timelines that must be complied with otherwise you may not be permitted to challenge the prohibition.
Do not settle for a weakened defence. A lawyer can provide important advice, identify weak points in the case, and challenge improper procedures that might otherwise go unnoticed. Lack of legal representation increases the risk of facing harsh penalties, including higher fines, longer license suspensions, or even jail time.
Contact a lawyer immediately after your arrest. Even if you’re unsure of the severity of the situation, contacting a DUI lawyer early ensures that you have professional guidance throughout the investigation.
Mistake #10: Ignoring the Long-Term Consequences of a DUI Conviction
Many individuals fail to realize the long-term effects of a DUI conviction. These can extend beyond immediate penalties like fines and license suspension. A criminal record, increased insurance premiums, and difficulty obtaining certain jobs can impact a person for years.
A DUI is a serious life disruption. Beyond legal penalties, a DUI conviction can have serious personal and professional consequences, such as a criminal record and challenges in future employment opportunities. The financial burdens are also significant. Increased insurance premiums and potential job loss due to a DUI conviction can create lasting financial hardship.
A DUI lawyer may seem expensive at first, but if you are successful it can be the best investment you can possibly make.
Take the situation seriously. Understand the full scope of the consequences, and make every effort to avoid a conviction through proper legal representation and strategic defence.
