Consider the following scenario. After a few drinks with a friend, you clamber into your car. Close your eyes and take a deep breath as you turn the key in the ignition and place your hands on the steering wheel. Is it safe for you to drive? You’ve only had a couple of beers so far.
You leave the parking lot of the bar and begin walking down the road. In your rearview mirror, you notice the blue and red flashing lights of a police cruiser. Your stomach begins to sink. As you listen to the characteristic high-pitched sound of the police siren, your spine stiffens and your hair stands on edge. You’re going to be stopped.
You’ve been drinking and have been pulled over. It’s a potentially lethal combo. It’s a two-for-one deal. Panic sets in.
You can defend yourself if you retain your cool and remember these three suggestions. These recommendations, if read and internalized, can help you limit the amount of evidence used by law authorities to charge you with a DUI.
When dealing with law enforcement, the golden rule is to say and do as little as possible. It’s not against the law to say nothing and do nothing. You have the right to refuse to cooperate. You may get arrested as a result of this, but you will have eliminated the majority of the ways in which law enforcement agents can acquire evidence against you. If you’re facing a DUI charge, your silence and refusal to comply will assist you avoid criminal prosecution.
Now for the relatable advice. When you’ve been drinking and you’ve been pulled over.
Roll Down Your Windows And Get Your License, Registration, And Proof Of Insurance Out As Soon As Possible.
In any case, you’ll have to roll down your window. Rolling down your window and the other windows in your car as soon as possible will help remove any alcohol odor. You’ll smell less guilty by the time the cop approaches your window.
Your driver’s license, registration, and proof of insurance will always be requested by an officer, as these are the legal documents you must present upon request. You are not needed to supply any other information by law.
If You’re Given A Direct Question, Don’t Say Anything Other Than ‘Yes’ Or ‘No.’
Look straight ahead at your windshield after providing the law enforcement officer your driver’s license, registration, and proof of insurance. Do not look the officer in the eyes. There’s no reason to stare at the police unless you want them to see if your eyes are bloodshot and red, which are signs of intoxication and evidence against you.
Respond with a courteous but brief ‘yes’ or ‘no’ when asked a direct inquiry. The less you speak, the less likely the officer is to report impaired speech. The police will also have a harder time detecting the stench of alcohol on your breath.
The police will make a concerted effort to get you to talk to them and look at them. You are drastically reducing their ability to gather evidence against you if you can resist. All they have the legal authority to ask for is your driver’s license, registration, and insurance. They can’t force you to engage in discussion with them.
Refrain From Taking Any Action.
Refuse to perform Field Sobriety Testing if they want it. Don’t do anything. Anything you do after turning over your license and registration to the police only adds to the evidence against you.
You won’t be able to avoid DUI tests. You can’t do it. You can, however, refuse to undergo a breath test or a field sobriety test. Adhere to your principles.
This might mean that they slap the cuffs on you right then and then, arresting you. Although this is a stressful and humiliating circumstance, it is preferable to a DUI arrest in the long run.
If you remain silent and allow yourself to be detained or released, you have created a situation in which the officer lacks the necessary evidence to prosecute a DUI case.
Officers will occasionally let you leave. They’re well aware that they don’t have any proof against you and that you refuse to cooperate. Other instances, an officer may grow so enraged with you that he or she decides to charge you. That’s OK. It will be extremely difficult for a court of law to prosecute you if you are charged and have followed these three steps. The prosecutor is likely to reach an agreement with you.