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Avoiding a DUI: Now You're at the Station
Hi. This is Christina Williams from Just Criminal Law. It's all we do. We're on part three of my series on how to avoid a DUI. In Part one and two, we discussed what to do if you're stopped for not using a blinker after having only two glasses of wine at dinner. In our scenario, you have not admitted to drinking. You've refused to do field sobriety tests, but you get arrested even though you have good reason to believe you're not over the legal limit and you've done nothing wrong. In Part three, I'll tell you what will happen next and what you should do once you're at the station, number one at the jail, the officer is going to read you the law on submitting to a test of your blood, breath or urine. Then you'll be asked to take a breath test. You can refuse the breath test, but then the officer will ask a judge to sign a warrant to draw your blood. Number two, the warrant is a form that the officer fills in, telling the judge why he believes you are guilty of DUI. Under our scenario, you have a lot of good evidence on your side. You weren't driving recklessly. You were pulled over simply because you failed to use your blinker to change lanes. You weren't drunk. You only had two drinks at dinner and you did very little. Speaking to the officer, so it's unlikely he smelled the strong odor of alcohol. Besides having alcohol on your breath while driving is not illegal. Also, the officer can't point to any mistakes you've made on the field sobriety test because you lawfully refuse to do them. So if you refuse the breath test as well, the officer will have to ask for a warrant. Now there's not going to be much information for him to put in his application. Number three, the judge will have to decide whether to sign the warrant. He or she may or may not sign it. But if the warrant is signed by the judge, the judge must also be correct. In finding you had probable cause against you to justify taking your blood. This can be reviewed by your attorney when you fight your DUI. If you find yourself in a situation where you're being questioned by the police, I want you to remember these three things. Number one, let them know you do not wish to discuss your day and ask if you're free to leave. Number two, let them know you want a lawyer. And number three, contact just criminal law. By clicking the link in the description, you can call, text or chat with a member of my team any time, day or night. If you found this video helpful, there are many more on our website at JustCriminalLaw.com. You only get one shot at justice so make yours count.