One of the most common mistakes we see people make is saying too much to the police. You have the right against self-incrimination. You are not going to talk yourself out of an arrest, nor are you going to talk yourself out of the investigation. It’s really important to remain silent, as you have the right to do so.
Another common mistake that we see is that people are not informed about what they have the right to refuse during a DUI investigation. For instance, you have the right to refuse to do the preliminary alcohol-screening test (the roadside breath test) if you are not on probation for a prior DUI. You also have the right to refuse the field sobriety tests.
Finally, another mistake we see is the response our clients have with the investigating officers. A lot of times, people will get angry or belligerent with the police officers and start arguing or resisting during the process. Yes, you are entitled to an opinion and yes, you have the freedom of speech but let your attorney advocate for you when you hire one. Depending on your actions, your uncooperative behavior could be construed by a police officer as resisting – which is loosely defined as obstructing or delaying a police officer while he is trying to carry out his lawful duties. For example, if an officer asks for your ID and you do not provide it then this can quickly and unnecessarily escalate an encounter.