What should you say and do if you are confronted by a police officer and suspected of DUI?
No single answer will suffice for all people in all situations. However, in dealing with the police, here are five universally sound things to do, if stopped for DUI:
(1.) If asked (or told) about an alleged traffic violation, do not try to appease the officer by agreeing with him or her that you committed some traffic offense. Don’t get belligerent, but say “Actually, sir (or ma’am), I believe I stayed entirely within my lane” or some other appropriate explanation. Remember, everything you are saying is being recorded, and your DUI attorney may be able to use the favorable things said by you in your favor.
(2.) If asked about alcohol use or drugs, ADMIT NOTHING, or blame it on your bottle of mouthwash. “I just brushed my teeth!” Don’t incriminate yourself by admitting that you consumed “only two glasses of wine with dinner.”
(3.) If asked for your license or any documents, have them ready to show the officer. Stay inside the vehicle, seated, with your hands visible on the steering wheel. If the officer asks you to step out of the vehicle, explain that you prefer to not get out, due to safety concerns. If the officer claims to smell or detect alcohol or drugs, do not admit to having consumed anything, just ask, “Am I under arrest?” The officer will say something like: “I need to give you some field evaluations to make sure you are safe to be on your way home.” This sounds good until he or she “claims” that you failed or did poorly on the field evaluations. Politely say, “Thank you, officer, but unless I have my attorney present, I’d prefer NOT to try to perform agility exercises that I am not familiar with.” Only when he or she ORDERS you to get out, and physically opens your door should you reluctantly leave your car. (remember you are being recorded and probably videoed).
(4.) Once out of the car, do nothing and walk no place other than where he or she insists, or forces you to go. Explain your desire to not get out of the car at the roadside, and your desire to not be asked to walk, balance, count or perform any voluntary roadside evaluations of any type. If offered a hand-held breath analyzer, decline doing it, if you can. If asked, “Why not blow if you haven’t been drinking?” merely tell the officer that you have no confidence in battery- powered devices that could carry bacteria, germs and diseases such as tuberculosis.
(5.) Ask to call your attorney on your cell phone as soon as the officer starts getting “pushy”. Also, state to the officer that you are willing to satisfy his concerns for safety by handing him your keys and taking a cab home, but that you will not submit to testing that you do not trust to be reliable or accurate. If he says,“So you don’t think you are safe to drive?” or something similar, be sure to say, “Absolutely not true. I am merely trying to satisfy you that I am cooperative in every way, even if I believe your concerns are not reasonable.”
Remember to always be polite. If taking the cab results in your car being towed, that is a small price to pay to avoid being arrested and possibly convicted of DUI. Hire an Experienced Florida Drunk Driving Attorney. For many DUI suspects, the initial confrontation with the officer will lead to an arrest. Be aware that EVERY CASE is different and do your best to follow the above guidelines.
