WHAT TO DO IF YOU GET PULLED OVER
If you are pulled over by the police for drinking and driving, the
routine by the officer is similar in almost every case. A typical
scenario would follow something like this.
Since being stopped by the police is stressful enough without the fear of drunk driving added in, it is very important that your try to act normal and to try to stay as calm as possible. If you are agitated, excited, or nervous the police will be suspicious of your behavior and immediately think that you have been drinking or using drugs.
Say as little as possible. There is absolutely no reason to carry on a conversation with the officer because anything that you say will be used against you. The police will certainly ask if you know why they pulled you over and you should tell them “no”. This is a trick question to try to get you to admit that you were breaking other laws such as speeding.
The officer may shine a flashlight directly into you face from a distance of about one foot away. This accomplishes two things. First, this protects the officer because the driver will be blinded by the light and this usually makes them unwilling to go something stupid like reach for a weapon. The second reason that they shine the light into your face is so that it will allow them to get close enough to smell your breath and detect if there is any alcohol on it.
Remember that the police are more adept at this exercise than you are
because they do it on a regular basis; you are the one at the
disadvantage. During the interrogation they usually ask you if have been
drinking. If you answer yes, this will give them cause and they will try
to conduct a full complement of alcohol related tests. If you lie and
answer no, additional charges might be filed against you. Perhaps the
best answer is to say, “I’m not going to answer that”. Sometimes they
might try to fool you and ask how many drinks have you had tonight? You
might also be asked to blow into the officer’s face but you are not
required to do this and can refuse.
If you are told that they would like to search your car, inquire from them if they are asking you or telling you that they want to do this. If they say they are asking, then refuse to allow the search. If they say they are telling you, then you will need to comply and let them do the search.
The next step will be for them to ask you to get out of your car and you will need to do this. The officer will want you to do a series of activities, like walking a line or follow a pen that is in front of your face, but you have every right to refuse to do any of these. They will ask you to blow into a breathalyzer and you should refuse to do this also. These are all field sobriety tests that you have the option to refuse.
At this point, you might be transported to a hospital for a blood test and it is recommended that you do not refuse to do this test or you will be charged with the highest level of DUI. Going to hospital is a bit of a hassle, but it will give you time for your blood alcohol level to drop and this is much cheaper than paying for a DUI.
Keep this in mind that, because you have been uncooperative, it will be more difficult for the police to compile evidence against you so they will try to intimidate you. They, obviously, will want to assemble, at the scene, as much evidence as possible against you and because, you have refused to participate in their tests, you are making their job much more difficult. They might threaten you or act like they are trying to help you out, but they are not. Do not play into their hands.