Provo, UT- When you are pulled over by police, there are right things to say and wrong things to say. Blurting out the wrong thing can land a person in hot water and lead to a world of legal headaches. This is a lesson one Utah man learned the hard way when he was pulled over for speeding.
KSL reports that on November 24th, police in Taylorsville, Utah, pulled a man over for driving 100 mph in a 65 mph zone. The man behind the wheel, 45 year-old Jason Barlow was aware enough that he knew he was in trouble, but managed to make things worse.
When the officer asked Barlow why he thought he was in trouble, he said, “Because I was just arrested for DUI a month ago and I am way too intoxicated to drive now,” according to KSL.
A breathalyzer showed Barlow’s BAC was .185, KSL reported.
Police charged Barlow with felony DUI and speeding. Since this was his second DUI arrest, Barlow faces a possible 10-day jail sentence (240 hours), fines upwards of $800, two-license suspension and mandatory installation of an ignition interlock device.
If Barlow was too intoxicated to drive, police probably would have figured that out pretty quickly and arrested him anyway, but a verbal admission of intoxication will be difficult for a DUI attorney to challenge.
When you get pulled over for any reason, what you say and how you act will in the next few minutes will have a huge impact on your future. Our Utah DUI attorneys have some advice for you to follow so if you are pulled over.
While you are waiting for the officer to get out of his patrol car, get yourself together. Sure your nervous Get out your driver’s license and registration so you won’t have to fumble around looking for them. Every action you take and everything you do is going to be scrutinized. Remember you have the right to remain silent so you don’t answer any incriminating. Questions such as: Have you had anything to drink? Where are you coming from? Or, where are you going? Are meant to get you talking and possibly admit to your alleged intoxication. Don’t offer police any more information than is necessary like this Barlow guy.
In their arrest reports, police will note if an arrestee is combative or cooperative. They will record your comments and actions which have a bearing on your case. Being cooperative and polite to an officer will play off much better in court than being belligerent.
If you happen to be intoxicated, you are probably going to spend the next few hours or days in lockup. Just prepare yourself for that inevitability, but be smart and enlist a legal expert to help your with your Utah DUI once you are released from police custody.
It’s important to note that we don’t condone driving while impaired, but we do feel like people should be allowed to redeem themselves. For the majority of people facing a DUI, this is the first time they’ve been arrested or have to deal with the criminal justice system. They need someone to speak on their behalf and work to minimize the penalties they are facing. That someone should be an accomplished Provo DUI attorney.