From the second you start interacting with an Officer, s/he is noting everything you say and do to use as evidence in their case against you.
- Stay in your car and leave your seatbelt on unless the Officer asks you to step out.
- Provide identification.
- Note: How easily you find your driver’s license, registration and insurance will be noted on the Officer’s report.
- You are allowed to politely refuse to take field sobriety tests (FSTs).
- When you do field tests, you are giving evidence that can be used against you.
- There is no law requiring you to do these tests.
- Some officers will tell you they will take you to jail if you don’t do the tests, but the officer is going to take you to jail anyway.
- If asked to take a post-arrest Chemical Test (breath, blood or urine test) you should do so, but request a private consult with an attorney before taking one.
- When your driver’s license was issued, you agreed to take such a test if ever pulled over as stated under the Implied Consent Law. Refusal to submit to the Chemical Testing is an automatic license suspension, a fine and possible prison time depending on the number of DUIs you have gotten in the past.
- You do not have to give consent for a Police Officer to search your car. They can generally only search without consent unless they have probable cause to believe there is contraband or drugs in the car, a warrant is obtained or someone in the car is arrested.
- Remember your words can be used against you in the case.
- If the Officer has enough reason to search the car, they will secure a warrant.
- Usually, the search question is veiled and phrased like:
You don’t have a problem with me looking in your car?
You don’t mind if I look in your car, do you?
I’m just going to take a quick look inside, okay?
- You can politely refuse to answer questions.
- Usually, the officer will ask you a few questions about what you’ve had to drink.
- A simple response of “I can only answer your questions on the advice of my attorney” can go a long way in the outcome of your case.
- You don’t have to call an attorney right then. That simple statement effectively stops any questioning by invoking your constitutional rights.
- Even when the officer reads Miranda rights to you, the answer should be the same.
- After you are placed under arrest you will likely be taken to county jail or a testing site and then be offered a chemical test. After completing the test, the officer may give you a form asking whether you want to preserve a sample of your test or waive a sample. Always ask that a sample be preserved.
- As soon as the police have taken their tests, immediately make a clear request for the opportunity to obtain an independent blood draw.
- Your attorney can explain the benefits of this simple request, as they can be huge!