Had too much to drink and got in the car or were you the target of an overzealous officer trying to meet a quota? It’s a story that has gotten more and more common. DUI charges and convictions are the topic of the day and how to avoid them if you are ever in trouble. We sat down with Brandan Davies of Roth Davies Trial Lawyers for an interview. Brandan Davies was recently named by Kansas City Magazine as the, “Best DUI lawyer in Kansas City.”
Question: What do you do if pulled over and suspected of DUI?
Answer: First of all be calm. This isn’t your chance to try to explain anything. Keep the interaction as brief as possible and try your best not to speak a lot. The more you talk the more of a chance you will say something that an officer might use to bring your sobriety into question. Keep your answers very short and to the point. The odds are an officer has just pulled you over for a minor traffic violation, accept the ticket and do your best to get out of the situation. You don’t want to try to talk yourself out of a speeding ticket and right into a DUI investigation.
Question: Should I do Sobriety tests if pulled over?
Answer: If an officer wants you to take any sobriety test, whether that be an ABC test or a physical performance-based test like a walk-and-turn or one-leg-stand test. Simply refuse to submit to testing. You are not obligated to take these tests and have a right to refuse. These tests are subjectively scored and easy to fail even completely sober. Tell the officer that you have a friend whom is a lawyer who told you never to take tests under any circumstances. This will not stop the investigation but it will keep you from helping the officer “prove” his or her case. You never want to give an officer evidence they can use against you.
Question: Should I take the breathalyzer?
Answer: Unless you haven’t had a thing to drink, never take a breath test. They are wildly inaccurate and will always be used against you in court. Even if a client passes the breath test with a close result, it won’t stop an officer from giving them a DUI. Breath tests are the ultimate tool for an officer trying to get, “enough” proof to convict someone of DUI. That being said you have to remember that refusal of a breath test may have negative implications on your driver’s license.
Question: Will my Driver’s license be suspended if I get a DUI?
Answer: Probably. Most people that get a DUI charge even if found not guilty in court will lose their driver’s license. If a person refuses to take a breath test it is even more likely that they will lose their license. It’s important from the outset to get a lawyer involved to have the best chance of keeping your Driver’s License.
Question: When should you get a lawyer involved on a DUI case?
Answer: Immediately. The first call after you get out of jail should be to the Best DUI lawyer you have access to. DUI is a very technical area of the law with some very strict timelines. Failure to file notices by certain timelines can cause an automatic suspension of your Driver’s License and negatively impact your case going forward. Also, time is of the essence as well because you want to recall your version of events to your lawyer while it is fresh in your mind. Memories fade especially when alcohol or drugs are involved, it’s important to convey as much detail as possible to your lawyer.
Question: What kind of Qualifications should I look for when hiring a DUI lawyer?
Answer: You want to hire experience. Look for not only knowledge of the law when you are seeking out a lawyer but also that the lawyer has experience dealing with the court in which you are in. Knowing the law is one thing, but knowing how a specific judge or prosecutor views their cases is immeasurable valuable.
Brandan Davies has recently added to his list of awards when he was named as the, “Best DUI Lawyer in Kansas City,” by Kansas City Magazine. “It’s an honor to be recognized when you devote so much of your practice and life to a certain area of the law,” Davies claimed. “Helping people that find themselves in an unknown and difficult situation is a challenging and rewarding part of my practice,” exclaimed Davies.