It's your worst nightmare. You’ve been pulled over by the police based on suspicion of drunk driving. You're scared to death and have no idea what to do. You begin assessing how much you've had to drink and think do I take the Breathalyzer test? Do I get out of the car and take the sobriety tests? What do I do?
Well, before I tell you the answer to this question, the first thing I’m going to say is that you made a dumb decision in the first place. No one should be driving a car, operating a motorcycle or boat when you know you have had too much to drink! Plain and simple. Call Uber, a taxi, a friend or family member for a ride. It is not worth getting arrested, risking your life or someone else’s life for that matter because you wanted to have that extra shot.
I can tell you it’s not illegal to have consumed an alcoholic beverage then drive. However it IS illegal when the consumption reduces your ability to operate your vehicle safely; the prosecutor doesn’t need to prove that you actually drove in an unsafe or erratic manner, he or she simply has to prove you were unable to drive safely.
Follow these five tips to avoid the worst outcome:
1. Have your license and registration ready to produce when you get stopped.
2. Respectfully, and I emphasize respectfully tell the officer you are choosing not to answer any questions without your attorney present. When he begins asking you where you came from, where you are going and whether you consumed any alcohol beverages you don’t need to answer.
3. Say nothing! If the officer tries to intimidate you into answering any questions, which he WILL do, stay strong and avoid answering. Remember, you are not in the best frame of mind so its better to just say nothing.
4. Do not consent to the field sobriety tests or the breath test. The officer will make you believe you have no choice but you do. Refuse and do not give consent.
5. Remain silent if the office arrests you and call a lawyer immediately.
By following the tips you’ll have much better outcome. Even if you get arrested, you’ll have more options due to the fact that there is no incriminating evidence.
If you ever find yourself if this situation and you do get are arrested, call my office immediately! We’ll determine the best way to resolve your situation.