Mistakes to Avoid in DC DUI Drug Cases
Due to the severity of driving under the influence charges in Washington, DC it is imperative that if you are stopped you avoid any mistakes that could make your situation worse. Below, DC DUI drug lawyer Peter Odom discusses the biggest mistakes to avoid in DUI drug cases and the main things someone charged should be aware of.
Biggest Mistakes To Avoid In DC Drug DUI Cases
When a person has been arrested and is being investigated for a DUI the police officers will very often ask the person who they’re investigating on the street: “did you have any alcohol to drink?” They can also ask the person if they have consumed any drugs, such as if they smoked marijuana, consumed methamphetamines, or are on PCP.dc-dui-drug-lawyer
At the time that a person is on the street being investigated prior to actually being arrested the police officers do not need to inform you that you have a right to not answer their questions and to not incriminate yourself. And the reason they don’t have to inform you of that, which is commonly referred to as a Miranda warning, is that you’re not considered to be in custody during your stop. Those stops and those questions are not considered to be custodial interrogations so the police can ask you any questions they want without informing you of your right to refuse to answer.
Nonetheless you, as a person who’s been stopped, can decline to answer any questions that may incriminate you and your refusal to answer questions cannot be used as evidence of your guilt. So the biggest mistake people make when they get pulled over is they answer incriminating questions that will then be used as evidence against them later on. People should be aware that they do not have to answer a police officer’s questions and it doesn’t matter what the questions are. At no point are they under any obligation to answer questions.
Things to Know about DC DUI Drug Charges
A person who is charged with driving under the influence of a drug can expect to have their case proceed in the same way that a person who is accused of driving under the influence of alcohol. These cases are still misdemeanors assuming that the person who’s been arrested is not alleged to have killed someone, in which case the person could be facing a manslaughter charge. Aside from that circumstance, a person who is arrested for being under the influence of a drug is charged in the same way as a person who is under the influence of alcohol.
Their arraignment would be about 3 weeks after their arrest, which provides an opportunity to research legal representation. At the first court hearing they would not be asked to testify and there would not be any evidence admitted against the person, but their lawyer would enter a plea of not guilty on their behalf and handle important tasks such as making discovery requests and discussing with the judge any conditions of their release. Their lawyer can then begin the process of analyzing the evidence, researching possible defenses, and negotiating with the prosecutor to achieve the best outcome possible.