What do I do if I get pulled over and have had a little bit too much to drink and think I’m about to be arrested for driving under the influence?
Rule #1: Keep quiet—say nothing and admit nothing.
After the police officer asks for your license and registration, he will most likely ask you if you know why you have been pulled over. Say “no” and then let him tell you the reason. If the officer asks if you have been drinking or asks how much you’ve had to drink, do not admit to drinking and do not say something like “yes, but just two small glasses of wine.” By admitting to drinking, you are incriminating yourself and providing the prosecution with evidence that can later be used against you in a court of law. The best thing to do is say as few words as possible and politely tell the officer that you would like to speak with your attorney before saying anything else.
Rule #2: You’re not required to submit to roadside field sobriety tests. Refuse to take these tests.
If the officer suspects you have been drinking, he’ll likely ask you to get out of your vehicle and perform roadside field sobriety tests such as the “Walk and Turn Test” where the officer instructs you to take nine heel-to-toe steps in a straight line and then turn around on one foot and walk in the same manner in the opposite direction. If you’ve had anything to drink or are experiencing other factors that may affect your performance on these tests such as poor coordination, nervousness, a health condition, or medication, it’s generally in your best interests to refuse to take any of these field sobriety tests. Refusing to take field sobriety tests is generally to your advantage as these tests are highly subjective, confusing and difficult (even when performed sober), are often administered incorrectly, and are judged by a negative scoring technique where the officer deducts points when you do something wrong but does not add points when you do something right—essentially, these tests are designed to fail. Unlike refusing to take a breathalyzer or blood test, refusing to take a field sobriety test will not result in the suspension of your driver’s license.
Rule #3: You’re not required to submit to any breath or blood alcohol tests. Unless you’re absolutely certain that you’re not going to be over the legal limit, refuse to take these tests.
After you have been arrested for DUI, you will be asked to take a breath, blood, or urine test for the purpose of determining your breath/blood alcohol content (BAC). Unless you’re involved in an accident resulting in serious injury or death, you have the right to refuse any such test, and I strongly recommend that you exercise your right to refusal unless you’re absolutely certain that you’re not going to be over the legal limit. The legal BAC limit for a person age 21 or older is .08—anything over this limit is considered “under the influence.” The amount of alcohol it takes to achieve a BAC over this legal limit can vary greatly from person to person and is affected by many factors including but not limited to: the drinker’s sex (male/female), weight, body composition, metabolism rate, health conditions or illness, medications taken, drinking frequency, elapsed time since drinking, amount of food in the stomach and small intestine, and the time the food was eaten. There are consequences for refusing to submit to a breath, blood, or urine test. For you first refusal, your driver’s license will be suspended for one year. For subsequent refusals, your driver’s license will be suspended for 18 months.
