If you're ever pulled over by a cop, you need to be aware of your rights. You have to know your best course of action to make the best of the situation. Here are 7 tips for you to use if you're ever accused of driving under the influence of alcohol.
1. Shut up. I hate to be blunt, but sometimes people only pay attention to blunt communication. Shut up. You have the right to remain silent, even though the officer doesn't have to tell you that. You don't have to respond to his questions. And any answers you do give (or spontaneous statements you make) will be used against you. Yes, the officer will write down what you say. It will be used in your trial. So just don't talk. You have to provide your name, driver's license, registration, and insurance card, but that's it. No more talking.
2. Be polite. This might seem contradictory to the first tip, but it's not. You can respectfully remain silent. You can politely say "I choose not to answer any questions until I speak with an attorney."
3. Ask if you can leave. The police can stop you if they suspect that you have broken the law. But this type of stop is very loosely regulated. They do not have to advise you of your rights to keep quiet and to have an attorney. This is where many people talk too much and get themselves into trouble. If you ask if you are free to leave the scene, the officer must tell you. If you are allowed to leave, do so. If you are not allowed to leave, say "I want an attorney." The officer must stop asking you questions until you have an attorney present.
4. You can refuse field sobriety tests. Field sobriety tests are things like touching your finger to your nose, reciting the alphabet, and walking along a straight line. You do not have to perform these exercises. If you think they will incriminate you, you should politely refuse to do them. In fact, these exercises are highly subjective, and sober people can end up "failing" in the eyes of the officer.
5. You can refuse the field breath test. Police officers carry hand-held breath test devices that they bring out during traffic stops. You can refuse to blow into it. This device is used to see if the officer has probable cause to initiate an arrest. If your breath alcohol level is high enough and it registers on the hand-held device, probable cause is no longer an issue. The reading from this portable machine cannot be used against you at your trial because they are not reliable enough. Do you want any part of your future hanging on an unreliable machine?
6. You cannot refuse the police station breath test. If the officer decides to arrest you, he will take you to the station for a breath test. This breath test machine has a printer hooked up to it, and you'll be asked to blow into a long tube. You cannot refuse this test. By having a Virginia driver's license, you have already consented to this test. If you get to this point, do what the officer asks. But still remain silent.
7. Don't drink and drive. You knew this was coming. Didn't you? The best way to avoid a DUI conviction is to not drink and drive.
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