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  • 5 DUI Excuses That Will Get You Nowhere with Law Enforcement

    Posted on by JACK MKHITARIAN

    Felony DUIYou had too much to drink, but thought you were okay to drive – only to find yourself on the side of the road participating in a sobriety check.

    When your BAC came in over the legal limit, you were arrested. At this time, you start thinking of the excuses. You may have a genuine reason, but law enforcement does not care nor will your excuse get you out of jail.

    Instead, these excuses might make it harder to fight your DUI charges later. If you are arrested for a DUI, never speak to law enforcement – regardless of your reasons for the DUI. Instead, tell your excuse to a defense attorney who can fight for you. Anything you say to law enforcement can and will be used against you, and giving reasons only means you are admitting to committing the crime.

    DUI Excuses That Do More Harm Than Good in Albuquerque Courts

    When a crime has been committed, it is human nature to want to make a wrong, right. You have your reasons for driving, and you might have even thought you were not intoxicated enough to be over the legal limit.

    Despite your reasons, there are a few excuses that will not get you out of the arrest – and some will even do more harm than good.

    Excuse #1: “I didn’t know the legal limit was 0.08 percent.”

    It is not law enforcement’s fault that you do not know the law, and stating that you didn’t think it was illegal to drink and drive with a BAC of 0.08 percent or higher will not get you out of an arrest.

    Ignorance of the law, in any crime, is not an excuse. While law enforcement might let you use the excuse of not knowing the speed limit on a roadway, DUIs are given zero exceptions.

    Excuse #2: “I pulled over to sleep it off. I knew I shouldn’t be driving.”

    When you are in control of a vehicle and intoxicated, you are still committing a crime. If law enforcement were to find you on the side of the road, passed out in the driver’s seat, with the engine running, and you are over the legal limit, you can still be arrested and charged with a DUI.

    Admitting to the officer that you knew you were too intoxicated and that you pulled over will not earn you any favors. Instead, you are acknowledging that you drove several miles (or a few feet) while intoxicated and that you know you are drunk and in control of a car. Therefore, you just admitted to the DUI despite your effort to pull over and sleep it off.

    Excuse #3: “I am on medication prescribed by my doctor.”

    DUIs are not just alcohol.

    You may become inebriated from medications, too. One common misunderstanding is driving while under the influence of a prescription medicine.

    If that prescription medication impairs your ability to drive, law enforcement can arrest you – and they will. Admitting you have a prescription does nothing. More so, you are admitting to taking a medication that made it dangerous for you to drive and knowingly did so.

    You can have a legal prescription. But if that medication comes with warnings about driving or operating machinery, you are opting to drive at your own risk. The law expects that you know not to drive if you cannot function on that medication and that you should find other means of travel. Getting behind the wheel can result in a DUI, and the courts will not give you any leniency because it was a prescribed medication.

    Excuse #4: “I am only buzzed.”

    Buzzed driving is drunk driving. Alcohol intoxication can affect your speech, reaction times, and even your ability to make sound decisions. A buzzed feeling means that alcohol has taken effect, and that means your driving is likely impaired.

    Furthermore, law enforcement can arrest you even if your BAC is under 0.08 percent. If you are obviously intoxicated or you are drunk enough to drive unsafely, law enforcement has the right to pull you over and arrest you for a DUI. Admitting that you are only “buzzed” gives them probable cause to arrest you, regardless of what your BAC measures out to be – and that admission will be used in court.

    Excuse #5: “I didn’t want a parking ticket or my vehicle towed.”

    The fear of losing your vehicle to a towing lot or receiving a parking ticket is still not an excuse to drive your car while intoxicated – even if you are moving it to the opposite end of the parking lot. The second you turn on the engine and drive a few feet, you have committed a DUI. Again, you are admitting that you moved your car while intoxicated, regardless of your reasons for doing so.

    Bottom Line: Do Not Speak, Contact an Attorney Instead

    No matter why you ended up behind the wheel while intoxicated, the best thing you can do is talk to an attorney.

    While you should never drink and drive, law enforcement is keen on making examples out of those who do. This means harsher punishments as a way to deter the public from doing so. To avoid becoming the next community example, you want an attorney who will defend you against a DUI charge.

    Even if this is your first DUI, do not think that you will get away with a slap on the wrist. A single DUI will haunt you forever. This includes the possibility of creating a criminal record as well as losing your driver’s license.

    Speak with an attorney before you speak to law enforcement or the prosecutor assigned to your case. An attorney can work to get a better deal or possibly clear your name. Making excuses only means you are admitting that you did the crime, and that makes it much harder for an attorney to defend your case.

    To get started, contact the DUI defense team at New Mexico Criminal Law Offices by calling 505-200-2982 or request more information online about our DUI defense services.