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"Uh, just two beers, officer"
(What do you do now?)
It happens. You're driving along at night and the flashing
lights fill your rear window. The squawky speaker barks "Pull
over to the curb". A man in blue saunters over to your window
and he sniffs. And so it begins: your worst nightmare. You do
not even have to be a drinker for this to happen. If you are
tired or tuning your radio and your car is weaving, you could
look like a drunk driver and get pulled over.
Let's straighten out one term right away. We commonly say "drunk
driving," but you do not have to be "drunk" to get convicted of
this crime. If your ability to operate your vehicle is impaired
in ANY SLIGHT DEGREE by alcoholic beverage or drugs, you risk
jail, license suspension, mandatory counseling, and probably
auto insurance rate increases or cancellation. You also risk a
criminal conviction if your blood alcohol level is 0.08% or
more, whether or NOT you are impaired. Conversely, if you are
impaired, it doesn't matter if your blood alcohol level was only
0.03.
"Have you been drinking, sir?", he asks. So what do you say? If
he/she can smell the alcohol on your breath, your denial won't
help much. If you refuse to take a breath, blood or urine test,
your license will be suspended, but that is not true of
declining to answer the officer's questions. If the answers to
the questions might incriminate you, then you don't have to
answer them. You can just politely decline to answer the
questions. Typical questions include when you started drinking;
how much; when you stopped; were you driving that car?; and the
grand daddy of all questions "Do you feel the effects of the
alcohol?" An affirmative answer to that last question will
destroy your court case. Answering any of these questions will
not help you, but it can do a lot of damage to your case. Do not
be afraid you'll be arrested if you don't answer. They'll do
that anyway if they feel they have probable cause. |
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You are not legally obligated to give them more evidence against
you by answering their questions. I am not suggesting you refuse
to co operate. On the contrary, remain polite, respectful and co
operative with the officer. Produce your license and
registration when asked. If told to step out of the car, do it.
Be aware that the officer will watch you closely to see if you
hold onto the car for balance, if you stagger, if your eyes are
red and watery, or if your voice seems slurred.
The next step is that he will ask you to take some "field
sobriety tests" or FST's. These are balance, co ordination and
mental alertness tests. Whether you pass or fail is purely
arbitrary. There is no passing score. For example, if the
officer demonstrates a balance test and raises his arms to waist
height, and you raise yours to shoulder height, he may write
down that you did not follow directions as evidence of
intoxication, even though you were steady when you did it.
However, refusing to take THESE tests does not result in a
license suspension or other penalty. If you have any health or
physical condition that makes you unsteady, confused, or makes
your eyes red, feel free to mention that to the officer so he
does not confuse your limping with staggering.
If the officer reaches the opinion that you are under the
influence, he will ask you to take a blood or breath test. The
urine test is no longer used in most jurisdictions. You can
refuse, but then you will get the automatic license suspension
and you still might be convicted anyway based only on the
officer's testimony. Best bet? Take the breath test. On the way
to the station to take the breath test, don't get chatty with
the officers. I have seen numerous cases where the most damaging
evidence was a statement made during the drive to the police
station. Worst case scenario? Mouth off at the officers or
physically resist them when they put the hand cuffs on. That's
asking for trouble. If you get very talkative when you've been
drinking, you have a real problem. If you feel you must discuss
anything with the officer, just say you have been advised to
take advantage of your right to remain silent. You will be
released a few hours later when they believe you are more sober.
THAT will be the time to talk....... to your lawyer! |
