Tips from Lee Lockett of Stone Lockett DUI Attorneys

It’s the start of football season. Beer and football go together like white on rice. Whether you are at home with the NFL Redzone or inside a stadium, beer will likely play a big role in your overall experience. When one too many beers are in the mix, things can get out of hand. Don’t fear folks, the good people of Stone Lockett are at your service and can help you enjoy your beer legally and in peace.

First, it’s important to remember that you really can’t do anything in public if you’ve downed a 12-pack on Saturday afternoon. You might find yourself receiving a citation for disorderly conduct, public intoxication or criminal mischief. These charges are being given out like candy. Be smart, don’t be loud and keep your opinions to yourself.

Then of course, the Mama Bear of all beer drinking charges is a DUI. It will undoubtedly ruin anyone’s after-party plans. Promised. Although it’s not illegal to drink and drive (a common misnomer among many), it is against to the law to drive when your normal faculties are impaired, or if your blood alcohol content is a .08 or higher.

It’s next to impossible for the average person to know if their BAC is above a .08, so it’s best to err on the side of caution and not drive if you are unsure. Having a basic understanding of the law will assist you in making better decisions. Keep in mind these helpful tips if you are ever investigated:

  1. You are not obligated to tell an officer where you have been or what you have had to drink. It is important to be polite and to maintain a respectful demeanor and attitude.

  2. It’s OK to answer non-testimonial type questions such as where you live and the status of your insurance and registration. Whether or not you should answer more detailed questions that might incriminate you is best left to an attorney. Call one if you can before you answer any questions.

  3. The issue of performing the sobriety exercises will always cause great confusion.  You are not obligated to do them and you should always ask to consult with an attorney if you are in doubt. When you do agree to do them, you are basically auditioning for your freedom, so be careful. These exercises are supposed to test your normal faculties. The problem though is that they use abnormal exercises to test them. You should not use this article as “legal advice” on how to handle your specific situation should the need arise.

  4. The breath test will come next and that decision is very important, but much more complicated. When you signed for your license, you agreed that you would submit to chemical testing, such as a breath test. This is known as “Implied Consent.” Although you have an option to refuse it, you will run the risk of having your license suspended for a year (18 months if you have a prior refusal). However, what they won’t tell you is that if you do blow, and you blow over the legal limit, your license will be suspended anyway, albeit for a shorter period. In either case, many people will be eligible to drive on a hardship basis after the suspension kicks in. There is no way to advise one in advance whether or not it would be prudent to submit to this test. Each case is very unique and only an attorney who has all the unique facts would be in the best position to determine the best course of action.

Now, go enjoy a cold one and think about what Henry Lawson said. “Beer makes you feel the way you ought to feel without beer.” Contact llee@stonelockett.com or at (904) 858-9818 for more information on your rights and the laws surrounding DUIs. We are happy to help. Cheers!

L. Lee Lockett, Esq.