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