While it is the season to eat, drink, and be merry, many people get caught up in the holiday season and get behind the wheel after having too much to drink. While the safest bet is to always drive sober, if you do get stopped for DUI, remember these seven things:
1. Cooperate! Cooperation means being polite. Your attitude, appearance, and words all become part of the officer’s report. Your temperament indicates your level of intoxication. This is not the time to crack jokes, cry, apologize, or confess.
2. Know where to find your driver’s license and registration. If you fumble around for these items, it will look like you’ve had too much to drink.
3. Refuse to take a field test! By trying to walk a straight line or touch your nose, you are giving evidence that will be used against you. There is no law requiring you to perform the tests. Officers will tell you they will take you to jail if you don’t do the tests. Don’t fall for it. They were going to take you to jail anyway.
4. If the officer asks to search your car, politely explain that you will not agree to the search. If the officer has to ask you to agree, it’s a red flag. Just say no. If an officer has enough reason to get a search warrant, they will. If not, then why search?
5. Refuse to answer any questions! Usually the officer will ask you questions about where you’ve been or what you’ve had to drink. Your best response is: “I can’t answer your questions without my attorney.” This statement effectively stops any questioning by invoking your constitutional rights.
6. Take a breath, blood, or urine test if one is offered. Remember to always ask that a sample of your test be preserved. When your driver’s license was issued, you agreed to take such a test. It’s called the Implied Consent Law. Even if you don’t remember agreeing, you did. If you don’t take the test, your license can be suspended even if you aren’t convicted of DUI.
7. Hire an experienced DUI attorney who will do everything he can to protect your rights.
If you need assistance, 24-hour help is available at 1-800-590-1173. The Law Offices of John W. Noland are located at 27951 Smyth Drive, Suite 101 in Valencia. For more information, please call 661-257-1375.