If you are pulled over for suspected drunk driving you are probably going to be arrested. The less you say – the better off you are in the long run.
If you find yourself being pulled over for suspected DUI, ensure you pull over safely to the roadside, maintain a courteous and respectful demeanor with the officer, present your driver’s license and registration when requested.
You can tactfully decline any field sobriety or chemical tests such as a breathalyzer, while clearly expressing your desire to consult with a lawyer.
DO NOT make any incriminating statements about what you drank, if you drank or anything else beyond basic identifying information.
The police are going to threaten you and berate you but you are probably going to fill their quota that evening whether you consumed 1 drink or 400 drinks.
Remember
Stay Calm and Cooperate
RULE #1 – Remember – You are always on camera everywhere. That footage is public domain and can be obtained under FOIA request. From there you become an uncompensated You Tube star for your family, friends, neighbors, associates and the world.
Stay calm:
Always show courtesy by keeping a composed and respectful attitude when interacting with the officer. DO NOT give them any reason to add charges to your case.
Stay silent:
You have the right to remain silent and are not obligated to provide any information beyond essential identification details. You must assert that right by stating you do not wish to discuss anything (with the officer) besides hello and goodbye.
Refuse field sobriety tests:
You have the legal right to decline participation in field sobriety tests such as the walk-and-turn or one-leg stand.
This will possibly lead to an immediate arrest even though declining is not an admission of guilt.
On the ride in – Decide if you are going to decline chemical tests:
Once in handcuffs – you are owned by the State of Michigan. On the ride to the station remain calm and say nothing. Every move that is made from then on is to make their job easier and to get you to admit to something. Politely say “I would love to sit and chat with you but not under these circumstances.”
Answer all questions with short yes or no answers. Take the tests if you decide to.
If you decide not to take it:
Make a respectful refusal to the breathalyzer or blood test and express your desire to consult with a lawyer first. They usually will get a warrent for a blood draw.
Note: if you do decline the breathalyzer or chemical test after you are arrested this could lead to an automatic suspension of your license. So you have a choice to make at that point.
Contact a lawyer:
As soon as you are pulled over, it is crucial to contact a DUI attorney without delay after your arrest. DO NOT discuss anything with anyone especially on the phone in jail or the police station. Simply call our office when you get home. (248) 357-2550.
Don’t forget RULE #1
Do not:
Do not admit guilt:
Avoid making any remarks that may be construed as an admission of guilt.
Do not argue with the officer:
Avoid arguing or becoming confrontational with the police.
Do not Provide unnecessary information:
Only answer basic questions required by law.
Do not run (Remember Rule #1):
Always pull over safely when signaled by an officer.
Note:
Consequences of refusal:
Refusing a chemical test may result in automatic license suspension in some jurisdictions.
Legal Counsel and Your Rights
When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.
An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.
Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.
Contact Komorn Law PLLC if you’re ready to fight and win.
Research us and then call us.
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