When police pull you over, it can be nerve-racking, even if you do not believe you were doing anything wrong. Confrontation with an authority figure, whether a law enforcement officer or a superior at work, is always stressful.
When this stress manifests nervous tics like stammering, shifting around awkwardly, or avoiding eye contact, it can fuel the confrontation and serve to make you even more stressed out, which only heightens your nerves and exaggerates the tics, resulting in a vicious cycle. Since police officers often rely on visual cues to identify impaired motorists, the physiological effects of stress on the body can be especially detrimental for suspected drunk drivers.
If you think field sobriety tests (FSTs) or even a breathalyzer test could help prove your innocence, think again. FSTs are notoriously unreliable and require the officer administering them to evaluate a suspect subjectively. That means if the officer already thinks you are under the influence, his or her interpretation of the FST results will likely confirm that belief. And if the breathalyzer device is not calibrated properly or the motorist is on certain kinds of medication or has a specific health condition, the reading can be inaccurate.
If you have been falsely arrested for driving under the influence but you’re not sure how to prove your innocence, contact Darren DeUrso, Attorney at Law. Our office is available 24 hours a day, seven days a week, which means we can provide counsel as soon as police put you in custody. Call 914-772-8614 to discuss the circumstances of your arrest with a criminal defense attorney in Westchester County.
Read on to learn what you should do immediately following a false arrest:
- Remain Calm
Your emotions will likely be running high following the arrest. This is a natural response to highly stressful situations, but you need to make it a point to remain calm.
If you let your emotions get the better of you and act rashly as a result, you could end up jeopardizing your case down the road. Practice some deep breathing exercises, and remind yourself that once you talk to an attorney and start building your defense, the case will be well on its way to being resolved.
- Call a Criminal Defense Attorney
Call a DUI lawyer as soon as you are granted access to a phone. In the meantime, it will probably be in your best interests to exercise your right to remain silent. The officers must respect this right and wait until you have a lawyer present to resume their line of questioning if you request as much.
- Document Everything
Write down everything you remember about the traffic stop, including the weather and current road conditions. Even details that are seemingly insignificant could prove to be helpful when building your defense.
You should also write down everything you were doing prior to the traffic stop, as well as why you might have exhibited certain symptoms of impairment. For example, if your eyes were bloodshot because you had just been swimming in a chlorinated pool at your local fitness center, make note of it so your attorney can reach out to the gym to corroborate your story.
If you were wrongfully accused of driving under the influence, contact Darren DeUrso, Attorney at Law for aggressive legal representation during every stage of the criminal proceedings. Call 914-772-8614 to schedule a consultation with a DUI lawyer in Westchester County. You can learn more about fighting DUI charges in New York by visiting USAttorneys.com.