Posted on December 26, 2011 by Jeffrey FeilerLet's say an Officer pulls you over and suspects you may be DUI. His suspicion may be based on your driving pattern such as weaving. Or, after he routinely stops you for speeding or rolling through a stop sign he smells the odor of an alcoholic beverage (one cannot smell the alcohol itself) on your breath. You're thinking: What can I do to make it better? Well, if you find yourself facing a similar situation, here are some very useful tips to improve your strategy and assure the best possible outcome.
The first thing the Officer will do is inquire as to whether you have been drinking? The best thing to do is say "Officer, if you think I shouldn't be driving let's park my car and I will come back for it tomorrow". This first step will give you an idea on how the situation is going to be resolved, it can go two ways:
- The Officer gives you a break and the car is parked, thus you have avoided a possible DUI charge.
- The Officer persists, in which case he is only out to get evidence against you to charge you with a DUI. Thus it's important to follow the advice below.
You should be polite but refuse to answer any questions (you have that right) and also refuse to do any roadside exercises (they are voluntary and you are not required by law to do them).
You may refuse to take a breath test however there will be Administrative consequences including a temporary suspension of your license. But, if you blow more than a .08 that will be devastating evidence against you and your license will be suspended anyway. So, in short, if you feel that you may be over the legal limit it would be best not to give a breath, urine, or blood sample at all.
Finally, keep in mind that the Officer can give you a break anytime in the process. If you are friendly yet uncooperative and he realizes his evidence is going to be weak he may just decide to cut you loose.
Disclaimer: The names of all persons, including Police, have been changed to fictitious names in the case of blog posts about actual cases handled by Jeffrey Feiler and the Feiler Law Firm. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal, legal advice nor the formation of a lawyer/client relationship.