7 Tips for a DUI Stop
If you're ever pulled over by a cop, you need to be aware of your rights. You have to know what to do and say to make the most of the situation. Here are 7 tips for you to consider if you're ever accused of driving under the influence of alcohol.
1. Shut up. I hate to be harsh, but sometimes people only listen to harsh words. Shut up. You have the right to remain silent, even though the officer doesn't have to inform you of your rights. You don't have to answer his questions. And any responses you do give (or spontaneous statements you make) will be used against you. Yes, the officer will make notes about what you say. It will be used in court. So just don't talk. You have to provide your name, driver's license, registration, and insurance card, but that's it. No more talking.
2. Be polite. This might seem contradictory to the first point, but it's not. You can politely keep quiet. You can politely say "I choose not to answer any questions until I speak with an attorney."
3. Ask if you can leave. The police can stop you if they suspect that you have broken the law. But this type of stop is very loosely regulated. They do not have to advise you of your rights to be silent and to have an attorney. This is where many people talk too much and dig themselves into a hole. If you ask if you are free to leave the scene, the officer must answer. If you are allowed to leave, do so. If you are not allowed to leave, say "I want an attorney." The cop must stop questioning you until you have an attorney present.
4. You can refuse field sobriety tests. Field sobriety tests are excercises like touching your finger to your nose, reciting the alphabet, and walking along a straight line. You do not have to perform these tests. If you think they will incriminate you, you should politely refuse to do them. In fact, these tests are highly subjective, and sober people can end up "failing" in the eyes of the cop.
5. You can refuse the field breath test. Policemen carry hand-held breath test devices that they bring out during traffic stops. You can refuse to blow into it. This device is used to see if the cop has probable cause to arrest you. If your breath alcohol level is high enough and it registers on the hand-held device, probable cause is in the bag. The reading from this hand-held device cannot be used against you at your trial because they are not reliable enough. Do you want any part of your future hanging on an unreliable device?
6. You cannot refuse the police station breath test. If the cop decides to arrest you, he will take you to the station for a breath test. This breath test device has a printer hooked up to it, and you'll be asked to blow into a long tube. You cannot refuse this test. By having a Virginia driver's license, you have already consented to this test. If you get to this point, do what the cop asks. But still keep quiet.
7. Don't drink and drive. You knew this was coming. Didn't you? The best way to avoid a DUI conviction is to not drink and drive.
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