| Every story begins the same way. I was out with | | | | aren't exhibiting symptoms of drunk driving there is no |
| some friends, we had a couple of drinks, and on the | | | | reason to get you off the road), it is allowed. You just |
| way home I was pulled over by the cops. From there, | | | | have to deal with it. With this in mind, as the officer |
| it usually goes one of two ways, either "he asked me | | | | begins to approach you it is important to focus on |
| some questions and let me go," or "he asked me | | | | providing him with as little information as possible that |
| some questions, asked me to get out of the car and | | | | will lead him to believe you may be under the influence |
| after doing some tests arrested me for DUI." In some | | | | of alcohol. |
| cases, the people may have had exactly the same | | | | Now, I am not suggesting that you lie. But, just as the |
| amount to drink. So why did one person get arrested | | | | officer has pulled you over for a traffic violation in |
| and one person let go? That is what this article will try | | | | hopes of busting you for drunk driving (using the rules |
| to explain. | | | | to his advantage), you can take actions that are well |
| Let me begin by saying I don't condone drunk driving. It | | | | within the law that benefit you. The first thing you must |
| is dangerous to the driver, their passengers, and others | | | | do is be courteous and respectful to the officer. He |
| on the road, and it should not be done. But, it is possible | | | | has a right to ask you for identification and proof of |
| to drink and drive without being drunk. Where this line is | | | | insurance. Give him that information. After that, |
| crossed no one really knows for sure (even the | | | | everything you tell him is at your discretion. |
| breath test doesn't measure if you are able to drive a | | | | So what do you do if he asks if you've been drinking? |
| car soundly, it just measures the amount of alcohol in | | | | Easy. Simply say "I would prefer not to answer that |
| your blood or breath). There may be instances where | | | | question," and leave it at that. Now, does that make |
| a person has had a drink but is not too impaired to | | | | you look guilty? Absolutely not. What it looks like is you |
| drive a vehicle. It is at those times that this article | | | | know how to exercise your constitutional rights. And |
| attempts to address how best to deal with police | | | | don't worry about what the cop thinks. If he's asking |
| officers. If you are too drunk to drive, I hope you are | | | | you questions about your night, he's already got the |
| arrested for DUI and taken off the road. | | | | idea in his head of giving you a DUI and is just looking |
| Also, before I really get into this, let me remind you that | | | | for enough information to justify probable cause to |
| this is not legal advice that should be relied upon | | | | arrest you. |
| without independent consultation with a lawyer. I am | | | | What is probable cause? It is a reasonable suspicion |
| from Seattle, Washington, so much of this will be | | | | that you have committed a crime. Violating a traffic |
| based on what I know of Seattle DUI cases and laws. | | | | violation doesn't provide enough information to |
| They may or may not apply in your state, and they | | | | constitute probable cause for drunk driving. Why give |
| may or may not apply even in Seattle. The state of | | | | him the information he needs? |
| the law changes fast enough that you should consult | | | | So, the officer has heard you decline his questions and |
| an attorney before making any important decisions. | | | | asks you to step out of the car to take field sobriety |
| The information here is helpful guidance to understand | | | | tests. At this point, I would consider flatly telling him |
| where the police are coming from and how best to | | | | you'd like to call your attorney to see if you should |
| deal with them. | | | | consent. In Seattle, for example, field sobriety tests are |
| The first thing to understand is that when the police | | | | viewed as a search, and because of that, you can |
| pulled you over, unless you were really drunk and | | | | decline them with no repercussions. That is important, |
| weaving all over the place, they at that time do not | | | | as it gives the officer less information to work with. |
| have the authority to arrest you for DUI. At that time | | | | And remember, just don't talk to the guy. At some |
| you have probably violated some minor traffic law that | | | | point he has to let you go or arrest you for DUI without |
| lets them pull you over and check you out. Although it | | | | (probably) enough evidence to constitute probable |
| doesn't seem fair, and it probably isn't (since if you | | | | cause. |