Have you been out on the town and had a few drinks? Did you get in your vehicle and attempt to drive home? Police officers all over the country are on the roads looking for persons operating vehicles while intoxicated. Below are several things you should do if you are ever stopped by law enforcement for DUI:
Remember that, as soon as the police officer decides to pull you over for drunk driving (DUI/DWI), he starts making observations that he will put in the police report. This document can have a significant impact on the outcome of both your criminal trial and your DMV hearing. One of the first things the officer does is make a mental note of how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report.
Officers are trained to be cautious, and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, don’t make any sudden movements and keep your hands on the wheel at 10 and 2 o’clock.
The obvious reason to treat the officer respectfully is that you are far less likely to be arrested. If you’re rude or hostile, the officer is more likely do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply, otherwise you could be charged with resisting arrest.
The anxiety of getting pulled over is something police officers count on. In this kind of situation, people are far more likely to incriminate themselves. You do have to give your name, license and registration to the police officer. But if the officer asks you if you’ve been drinking, or how much — and you're concerned that you might incriminate yourself — simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.”
If you have had only one or two drinks, say so. With very few exceptions, one or two drinks will not put you over the legal limit.
Lying, however, is never a good idea. If you answer a question, answer it truthfully. If you lie, and the officer knows it, the fact that you lied can be used against you.
You are under no legal obligation to perform a field sobriety test. Field sobriety tests are one of the most effective tools at the officer’s disposal for collective evidence against you. That’s not because they are reliable indicators of intoxication. To the contrary, the value of FSTs is that they are entirely subjective. It’s completely up to the officer whether you “pass.”
Roadside breathalyzers (otherwise known as Preliminary Alcohol Screening tests or PASs) are notoriously unreliable, and there are countless ways to skew their results.
The more notes you take about your arrest, the easier it will be for your attorney to fight the charges against you. Include in your notes things like the following:
Write down everything that you can think of, even if it doesn’t strike you as relevant.
You both need and deserve an experienced DUI defense attorney who will fight for your rights. The single most important thing you can do for yourself is to find a qualified attorney who knows DUI law.
Attorney Bobby Holmes, Jr. practices Louisiana criminal and DUI defense law. He has offices in DeRidder and Lake Charles. Contact Holmes LA Law if you have been stopped for DUI in Louisiana and have questions about your rights or what to do next.