I struggled with this post because in no way do I want to seem I am condoning drinking and driving. Yet the reality is that as adults we all attend events where alcohol is involved. If you know, you will be drinking more than 1-2 drinks, use a ride sharing service. Trust me, it will be always be cheaper in terms of cost and peace of mind than when you see the dreaded red lights and you have had a drink or two.
That said, the following tips do not guarantee that you will not get a DUI but will allow your lawyer to perhaps defeat probable cause, save your licence from being suspended, and avoid high insurance rates.
- Be Polite. IF the officer asks for your license and registration, hand it over but move slowly. Acknowledge the officer but do NOT offer to the officer that you only had a few drinks. He is not your friend, and your admission leads right to probable cause. Memorize the following statement: ““I invoke my constitutional right to remain silent, officer.”
- Now for the hard and scary part: refuse the field sobriety and breathalyzer if you have had more than 1-2 drinks (based on body size). The officer may arrest but with no tests and your quietness, they do not much or any probable cause which will allow your attorney to fight your matter with plenty of ammunition,
- Your goal through the entire time is to reduce probable cause. There is not much you can say to the officer that will reduce probable cause so keep it simple and short.
- What if you don’t do any of this? Still hire an attorney because represented parties often will get better terms for you than when you are unrepresented.
- Also, never forget besides criminal, you need to ensure you are represented for your DMV hearing which automatically suspends your license if you do not report 10 calendar days from your arrest.
P.S: this post assumes you are not on probation. If you are unsure what your probation terms, consult with an attorney.