It is not a happy moment in your life - the flashing lights of a police car are in your rear view mirror and you have been drinking. This is a very stressful situation and knowing what to do ahead of time can help you manage the moment in the best way possible.
The first thing is to find a safe place to pull over and stop. Next, do not make any sudden moves, stay in your car and keep your hands in plain view. Getting out, reaching under the seat or otherwise moving around forces an officer to infer what your intentions are. What might be an innocent move can be incorrectly interpreted as threatening, leading to an escalation in the officers actions. Once the officer reaches your window, be polite. Being rude or combative is not going to help.
If the officer suspects you to be under the influence of alcohol he or she will ask if you have been drinking. You are under no obligation to answer this question or any others as you have the right against self-incrimination. You may simply state that you have been advised not to answer questions. If you do answer - tell the truth. If you are asked to get out of the car, you are almost certainly going to be arrested.
You might want to consider declining to participate in field sobriety tests as you are under no obligation to take them. Such tests can only work against you as the results are highly subjective and difficult to pass when sober let alone under the influence. Common tests are following the tip of a pen with your eyes, standing on one leg or reciting the alphabet in some fashion. Additionally, you may also be asked to take a roadside breath test (PBT). Frequent advice is to decline this test as well since the devices are very unreliable. Remember all of the roadside tests are designed to gather evidence of your intoxication. Refusing to take them gives the police and the prosecution less evidence to work with and makes their case more difficult to prove.
If you are arrested, you will be asked to take the official state test of either blood, breath or urine. This test will be administered at the detention center or a medical facility. At your expense, you can ask to be taken to an independent medical facility for the test. Failure to take this test will result in the revocation of your license for one year and should rarely be declined. However, if you are were involved in an accident, have a previous DUI or had children in the car you should contact an attorney for advice before taking the state test as it may be in your best interests to decline.
Finally, bear in mind that once taken into custody you are likely being audio and/or video recorded. Anything you say could be used against you. Of course, the best way to avoid all of this stress is to not drive under the influence. Catch a cab, have a friend drive you home - a DUI is expensive, time consuming and very unpleasant to deal with. Altering your plans because you have to much to drink is a small price to avoid the flashing lights in your mirror.
Attorney websites like http://www.Gallerlaw.com are great for researching information and providing insight on topics such as Driving While Intoxicated (or Driving Under the Influence) situations where a lot is at stake.
Posted by WebDrafter.com, Inc. with permission.
Article independently authored by Eric Parish. The content herein may or may not reflect the views and opinions of The Galler Law Firm.
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