Misconceptions about the legal process can cloud the judgment of those facing DUI charges. Decisions made in haste, out of fear or without the advice and counsel of an experienced attorney can be costly in the long run. The truth is that no matter how much evidence is stacked against you, you have a legal right to pursue alternatives to what the prosecution offers and you need to know all of the options and possibilities before any one course of action is chosen.
Criminal cases, and especially DUI cases, are rarely open and shut. The personal attitude of a judge or prosecutor, inconsistencies in the report offered by the arresting officer, inherent pitfalls in breath and blood testing, the constantly changing nuances in Kansas DUI laws and the relative skill of your attorney can all add variables and complexity to a case. One single set of facts and circumstances can lead to a host of different possible outcomes depending on how, when and where a case is handled.
Your actions before and after a DUI arrest will play a huge role in the possible outcomes, so make sure you heed the following advice if and when you are arrested and facing charges for a DUI.
What to Do When You Are Pulled Over and/or Arrested
Your behavior at the moment of contact with police can greatly help or hurt your case. There is a lot of advice out there for how to act during an encounter with a police officer, but here are some additional tips:
- Pull over safely and in a controlled manner. You do not want a patrol car following you with lights on too long, but pulling over somewhere safe as opposed to the middle of a busy highway always makes sense.
- Place both hands on top of the steering wheel so that the officer can see them.
- Be polite, and cooperative to the extent that it is reasonable, but remember that you don’t have to answer questions or provide information beyond your name and the information contained on your license, registration and insurance card.
- Avoid answering self-incriminating questions without coming across as defensive. Never comment on questions like “Why did you run that stop sign?” Instead, say something like “I’m sorry, officer, but I’ve been advised not to answer any questions.”
- Never lie to an officer. It will hurt your case later.
- You have the right to refuse a field sobriety test and may want to take advantage of that right depending on the circumstances. You also have a right to refuse a breathalyzer at the scene, although you can be given a ticket for a non-moving traffic infraction. However, under Kansas implied consent laws refusal of a breath test at the police station or jail can result in harsher suspension and restriction of your driver’s license.
- Avoid sudden movements and declare any weapons in the vehicle.
What to Do After You Have Been Arrested
Unless you are facing severe charges like manslaughter, you will likely be able to post bail and leave jail after being arrested. Some jurisdictions will release you without posting any bail or bond. Bail must typically be set by a judge, but many jails and police departments have a standard bail schedule which will allow you to be released before your hearing.
Remember that your bail is returned to you after you attend your court dates if you post it yourself; also bear in mind that bail bond companies can post bail for you in exchange for a fee — usually 10 percent of the bail amount but you won’t get that money back.
After leaving jail, you should to write down every last detail of your arrest. Include a timeline, any snippets of conversation you remember, and specific actions. Also, write down the circumstances before your arrest on a separate sheet. If anyone was a witness to the arrest, such as someone in the passenger seat, have them write or dictate a statement regarding their view of the facts. These details could could be important to your defense later and help in demonstrating inconsistencies within the police report.
Read the Kansas DUI Manual
The book we put together on Kansas DUI cases and what to expect if you are charged has chapters listing the top ten things to do after an arrest, how to hire a DUI lawyer, an outline of the issues that are important in these cases and the potential penalties for a conviction among other information that should be helpful to you.
Why You Should Contact a Kansas DUI Lawyer as Soon as Possible
To use this information as effectively as possible, you should contact a Kansas DUI lawyer immediately so that you can begin preparing your case. Without an experienced DUI lawyer, you could face harsher penalties or even miss out on a chance to have your charges dropped altogether.
Call (913) 906-9633 today to receive a free consultation regarding your case.