| If you are ever arrested for drunk driving (also called | | | | 4. Do you choose blood, breath -- or refuse to take |
| DUI for "driving under the influence" or DWI for "driving | | | | any chemical test? This is a case-by-case decision, |
| while intoxicated"), your experience will begin with an | | | | and involves a number of considerations. First, although |
| officer stopping you because of some questionable | | | | blood tests are subject to many possible errors, they |
| driving pattern, or possibly because you encountered a | | | | are generally more accurate than so-called |
| DUI "sobriety checkpoint" or you were involved in an | | | | "breathalyzers"; if you feel your blood-alcohol level is |
| accident. The officer will approach your car and ask | | | | below .08%, then you might want to choose the blood |
| some questions. You will then be asked to perform | | | | test. Secondly, whether to submit to testing at all |
| "field sobriety tests". He may also ask you to breath | | | | requires some knowledge of your state's laws -- |
| into a handheld device, technically called a PBT or | | | | specifically, the consequences of refusing. If the |
| "preliminary breath test". You will then be arrested. On | | | | increased criminal penalty and license suspension do |
| the way to the police station, you will be asked to | | | | not outweigh the possible benefit of depriving the |
| submit to a breath or blood test -- and told that if you | | | | prosecution of blood-alcohol evidence, then you may |
| don't, your driver's license will be suspended. | | | | wish to refuse. Bear in mind that the prosecution will |
| What should you do and say during all of this to | | | | charge you with two offenses, DUI and driving with |
| minimize the risk of a criminal conviction and a license | | | | over .08% blood-alcohol; without a blood or breath test, |
| suspension? | | | | he cannot prove the .08% charge, and there will be no |
| 1. Politely decline to answer any questions without an | | | | chemical evidence to corroborate the officer's |
| attorney present. It is a cardinal rule in legal circles that | | | | testimony. You should also realize that in many states |
| only incriminating statements are included in police | | | | chemical evidence of a very high blood-alcohol level, |
| reports and later testified to in court; statements | | | | say over .15%, can trigger more severe penalties. |
| pointing to innocence are invariably ignored, forgotten | | | | 5. In almost all states, your driver's license will be |
| or misinterpreted. Bluntly put, whatever you say will | | | | immediately suspended if either (1) the chemical tests |
| almost never help you and can only hurt you. | | | | results are .08% or higher, or (2) you refuse to submit |
| 2. Decline to take any so-called field sobriety tests. | | | | to testing. You have a right to a hearing to contest this |
| These are theoretically intended to determine | | | | administrative suspension, and there are many possible |
| impairment, but in fact are designed for failure. In most | | | | defenses, many of them technical in nature. This |
| cases, the officer has already made the decision to | | | | hearing is usually separate from the criminal |
| arrest and is simply going through the motions and | | | | proceedings, and involve different procedures and |
| gathering further evidence to bolster his case (he is the | | | | issues than in court; it is not uncommon to lose the |
| one who decides whether you "pass" or "fail"). In | | | | criminal case but win the suspension hearing. However, |
| almost all states, you are not required to submit to this | | | | as most motor vehicle departments do not really want |
| "testing". It's unlikely that taking it will change the | | | | the time and expense of providing these hearings, they |
| officer's decision to arrest. | | | | tend to provide notice of the right buried in fine print |
| 3. Decline to take a "PBT" (preliminary breath test). | | | | given to arrestees. The critical information is the |
| These handheld units are carried by officers in the field | | | | requirement that an actual demand for the hearing |
| to help decide whether to arrest or not and are | | | | must be made by the arrestee -- usually within ten |
| notoriously inaccurate. In most states, drivers are not | | | | calendar days. If you do not contact the DMV within |
| required to submit to these tests (in some they are | | | | ten days, you lose all rights to a hearing -- no matter |
| required if you are under 21). Although most states | | | | how good a defense you may have. Tip 5: Get an |
| admit the results of these tests into evidence only to | | | | attorney right away, or make the call yourself -- and |
| show the presence of alcohol, some permit them to | | | | make sure you can later prove you made the call |
| prove the actual blood-alcohol level. | | | | within the ten day window! |