How To Act If You Are Pulled Over For Drunk Driving

NEVER DRINK AND DRIVE! NEVER!!! Take a cab, call a friend, walk, do not drink and drive!

Despite this sound advice, arrests for driving under the influence are on the rise. Unfortunately for you and for society, it happens. While driving down the road at night you see the flashing lights and hear the blaring sirens. Over the loud speaker, you hear, "Pull Over Now!" Once pulled over, the officer exits the car and briskly walks towards your window. Your mind is racing and the nightmare has begun. An important note is that you do not even have to be drinking to fall into this situation, you could just be tired or tuning your radio meanwhile your car weaves into the other lane. Once this happens your car appears to be weaving like a drunk driver and you get pulled over.

You Don't Have To Be Drunk!

A common misconception about drunk driving is that you have to be drunk to be convicted of this crime and serve jail time. This could be the cause of so many cases of "drunk driving". Too many people think that they are fine to drive knowing they me be over the legal limit. These people may be fine to "drive" however they are also risking jail time, probation, mandatory counseling, license suspension, insurance increases, community service and public / private embarrassment. If you are impaired in any slight degree by drugs, alcohol or any other controlled substance you will be arrested! All it takes is your blood alcohol level to be 0.08% or more. People, this is a VERY low threshold, therefore it is highly advisable that if you have one drink, YOU SHOULD NOT DRIVE!

Talking to the Officer

Once the officer approaches your car, he / she will most likely say "Have you been drinking?" So what do you say at this moment. If you have been drinking heavily, chances are the officer can smell it and your denial will get you nowhere, however if you have had a little to drink do not hesitate and say NO! "I don't drink and drive." From experience, after having a few drinks and being pulled over three times when I was not swerving but what I believe being targeting for the car I was driving. (First time I was driving a Supercharged Range Rover, Second GMC Denali and Third Bentley Flying Spur.) Each time, I had a few drinks, however quickly and assertively answered no and moved on. The next step, if they do not let you go after that will be a blood or breathe test.

Remember if you refuse a blood, breathe or urine test, your license will not be suspended. However if the officer asks you questions that might incriminate you, you do not have to answer. Politely decline to answer the questions. These questions could include "when did you start drinking?" "How much have you drank?" "When you stopped were you driving the car?" and "Do you feel the effects of the alcohol?" Affirmatively answering any of this questions will destroy your court case, especially the last. Do not fear not answering the questions. You will not be arrested for not answering. If the officer feels he has probable cause, he will arrest you anyway.

Be Very Polite and Courteous

There is no legal obligation to answer their questions and give them more evidence against you. DO NOT REFUSE TO COOPERATE, however remain very polite, respectful and cooperative. Give the officer your license, registration and proof of insurance. If you are asked to get out of the car do it, however be aware that the officer will be watching you very closely. Observing your balance and the look in your eyes. He will also listen to your voice for slurring of speech.

The Field Sobriety Test

Now comes the Field Sobriety Test, in order to examine your balance coordination and mental alertness. THIS IS ALWAYS ARBITRARY. It's all the officers opinion. Think about it, what would a passing score be to raise your hand and touch your nose. You may perform this perfectly and the officer could still fail you. Just do the best you can. Refusing to take this test will not automatically result in a license suspension or penalty. Should you have any health issues regarding your balance, eyes, or motor skills, inform the officer prior to doing the test.

Once the officer determines that you are under the influence, the officer will ask you to take a blood, breath or urine test. In most states if you refuse, your license will be automatically suspended and you will still be convicted. The best move is to take the breathe exam. DO NOT SPEAK TO THE OFFICER ON THE WAY TO THE STATION. Remain quiet. Many times, people make the most damaging statement on the way to the police station! Even worse, do not mouth off to any officer or resist arrest in any way. This puts you in serious trouble. SHUT THE F UP. Most times you will be released on your own recognizance. Go home and take a nap and then find a good lawyer!