Throughout Australia, driving under the influence or DUI is a serious offence but is penalised under territorial and state laws. If you get arrested for DUI, you may be fined, imprisoned or you may lose your license.
What should you do when you are arrested for DUI?
Below are some recommended actions that you may take when you are being arrested for DUI.
1. Pull Over
When you are being asked by traffic authorities to stop and pull over, do so. Never attempt to speed away. Police officers may draw a conclusion that you are driving under the influence because of some minor violations like unwarranted swerving or busted tail light.
So when you are being hailed by an officer to stop, simply stop and remain calm. When an officer believes that you, being behind the wheel, have violated the law, he or she can legally ask you to pull over.
2. Allow the Officer to Inspect You and Your Vehicle
After stopping, the traffic officer will approach you and ask for your license or registration. Remain calm and submit the needed document. When you tend to become nervous, your state of mind will emanate through your actions and it will be included in the police report.
If the police officer smells something from your vehicle, it is most likely that he or she will ask you to roll down the windows and open your trunk for inspection. Do so to prevent the officer from further suspecting you.
3. Politely Answer Police Questions
When the officer is finished inspecting your vehicle, he will ask you some questions. Remember to focus and answer them politely. In most cases, you will be asked how much you drank. While some try to abate the number of bottles or the amount of alcohol, it may be best to answer truthfully to avoid further questioning.
When the traffic authority continues with some other questions, remain calm and answer accordingly. You should also make sure not to argue with the officer.
4. Submit to Roadside Tests
Whether or not the police officer is satisfied with your answers and with his or her inspection, you may be asked to have roadside tests. In which case, it may be best to submit to it. Roadside tests may include a field sobriety test or FST and preliminary alcohol screening or PAS.
In an FST, the officer may ask you to alight your car and do horizontal gaze nystagmus (HGN), one-stand leg or a walk and turn. These are gauges of the driver’s level of impairment. PAS, on the other hand, includes the use of a breathalyser or a portable breath test (PBT) machine.
5. Get Legal Help
If after the test, the traffic authority finds probable cause to arrest and detain you, he or she will take you to the local police station. When this happens, it may be best to contact your legal representative or a trusted DUI lawyer so you can be bailed out.
What other things should you know about DUI?
Aside from the above-stated actions that you may take during a DUI arrest, here are other factors that you may want to know about DUI.
● Is DUI the same as for drink driving?
In essence, DUI and drink driving are not the same. Many people mistakenly interchange the terms DUI and drink driving. The thing is, DUI encompasses a wider scope than drink driving.
Aside from alcohol, it may also include driving under the influence of illegal substances, prescription drugs and other medication that can render a high level of impairment to a person. When you are driving and you suddenly feel dizzy because of a medication, this may warrant an arrest for DUI.
● What are the penalties for DUI?
Depending on the state or territory law applicable in your area, penalties for DUI vary in the gravity of the offence. The penalties are based on the level of alcohol resulting from the roadside test.
For Queensland, the following penalties apply:
- Less than 0.05 alcohol level: Fine as prescribed by law, 9-month license disqualification and/or up-to 3 months of imprisonment
- 0.05 to 0.099 alcohol level: Fine for general alcohol limit as prescribed by law, at least 9 months of license disqualification and up to 3 months of imprisonment
- 0.1 to 0.149 alcohol level: Fine for middle alcohol limit as prescribed by law, at least 12 months of license disqualification and up to 6 months of imprisonment
- 0.15 and over alcohol level: Maximum Fine for high alcohol limit as prescribed by law, at least 6 months of license disqualification and up to 9 months of imprisonment
- Repeat offenders: Maximum Fine for high alcohol limit as prescribed by the law, up to 2 years of license disqualification, imprisonment as determined by the court and car impounding for drivers who are unable to provide blood or breath test
● Are roadside tests mandatory?
Unquestionably, roadside tests are categorised as implied consent inspections. In some states, a driver who refuses to undergo a roadside test may be subjected to license disqualification, fine and ignition interlock device (IID).
The IID works by placing a breathalyser on the car’s ignition system. This locks and prevents the driver from driving until he or she blows into the breathalyser. In some cases, IIDs may require a rolling test.
● What happens if you get arrested for DUI on a Friday night?
Unfortunately, if you are arrested for DUI on a Friday night, you may need to stay in detention for the entire weekend. The thing is judges work during weekdays only. Until you are bailed by your lawyer or when the judge releases you, you may need to remain in jail. The good thing, though, is you can use the time you spent in jail as credit for future sentences.
● What should you do if you believe that the DUI arrest was unreasonable?
If you believe that the arrest was unreasonable, you can discuss this with your lawyer. DUI lawyers are highly trained to handle stringent cases that are otherwise mistakenly charged.
Essentially, you and your DUI lawyer have the burden to prove that you are unreasonably charged with a DUI offence. So your lawyer may require you to undergo some medical tests or present proof that you were driving under urgency or duress.
Confronted with a DUI charge? Contact Smith Criminal Law today!