So what would you do if you were stopped by the police for drunk driving? I have over 20 years of experience handling DWI / DUI cases, and believe me, people do all kinds of things which make their case harder to defend.
Here are some pointers to keep in mind if you are stopped or arrested for drunk driving…
Be polite
BE POLITE. This rule applies in all situations where police are involved. Always, always, always be polite. Being rude or aggressive will get you nowhere fast.
Don’t make any sudden movements
Officers are trained to be cautious and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, don’t make any sudden movements and keep your hands on the wheel at 10 and 2 o’clock.
Smile! You’re on candid camera!
Assume everything you say and do is being recorded. Nearly every police car in Minnesota is equipped with a camera and several microphones. Police officers have a microphone on their uniform and there is one in the police car too. If you break rule number 1, everybody is going to find out about it – the prosecutor, the judge, the jury, etc. So remember rule number 1 and be polite at all costs.
Don’t lie
This should be obvious. Do not lie. If you get caught in a lie it will hurt your credibility with the officer and it will be used against you later in court.
Do not take the field sobriety tests
You have the right to (politely) say no to the field sobriety tests (FSTs). You don’t have to walk in a straight line, you don’t have to allow the officer to check your eyes with his pen light and you don’t have to take the breathalyzer test at the side of the road. The tests are entirely subjective. It’s completely up to the officer whether you “pass.” (For more information on the history and science behind FSTs, read: Are Field Sobriety Tests Accurate?) The prosecutor will use these tests against you later in court (see number 2). However, if you don’t take the tests you will probably still be arrested anyway. On the up side, if you don’t take the tests then there isn’t as much evidence against you later.
Don’t answer incriminating questions
You have the right to (very, very politely) decline to answer incriminating questions. You do have to give your name, license and proof of insurance to the police officer. But if the officer asks you where you’ve been, if you’ve been drinking, or how much—and you’re concerned that you might incriminate yourself—simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.” Again, if you decline to answer questions and decline to take any field sobriety tests, you’ll probably be arrested anyway. But, again, the upside is you haven’t given the prosecutor much evidence to base charges on either.
Assume you’re going to be arrested
Assuming you have been polite (but uncooperative) you are probably getting arrested anyway…this is inevitable. If you’ve been drinking there is a good chance your breath test would show a blood alcohol level over .08. If you haven’t had more than a drink or two, then you probably cooperated with all the tests and questions and you’re on your way home. End of story.
But let’s assume you’re being arrested…next time…what to keep in mind when you’re taken into custody…