You’ve been stopped for a DUI and your heart is pounding a mile a minute. The officer has tried to engage you in conversation, but you’ve managed to keep your cool. Now what?
You will most likely be asked to step out of your car and your Cincinnati Criminal Defense Attorney suggests that you comply. Shut your car door behind you and lock the door. You will probably be challenged about this and asked if you have something to hide. In this case, silence is golden. Simply answer, “I’d rather not say.”
The officer may say, “You don’t mind if I take a look, do you?” Your response should be “I do mind. I do not want you to search my car.” The officer may threaten to have your car impounded, but if you have alcohol on your breath, you’re already in for a trip to the police station or hospital. Plus, impounding is much cheaper than a DUI fine. If the officer asks you to open any part of your car, the best response is simply, “Are you asking me or telling me?” If he says he is asking, refuse. If he says he is telling you, your I recommend that you comply.
The officer may tell you to do things, like “look up in the air while touching your finger to your nose” or “stand on one leg and count to ten” or “recite the alphabet backwards” or “walk a ‘heel-toe’ test on a line.” You may feel like you have no other option other than to perform the tests, based on the tone of the officer’s voice. You are allowed to refuse to do them, despite the officer’s attempts to convince you otherwise. Police are trained to use their voices as their first and most effective means of controlling suspects.
You should refuse to do each of the tricks in as few words as possible. You are not required by law to perform these field sobriety tests. The only reason the officer asks you to do them is so that when you fail one or more, he can put it in his report as additional evidence of your intoxication. You would probably fail at least one of them when sober anyway.
You may next be asked to blow into a handheld portable breathalyzer. This is called a “preliminary breath test,” which you should refuse as well. Consenting to the test allows the officer to put your failure in his report and beef up his probable cause to arrest you for DUI. Remember: you cannot lose your license for refusing to take a “preliminary breath test.” Instead, I recommend that you consent to a blood test being taken at a hospital. Depending on how long it takes, your body size, and how long since you drank any alcohol, your test results may give me ammunition to have the charges dropped.
But remember to always be courteous to the police officers. You do not want a resisting arrest or disorderly conduct charge added to your court case, especially if you have a shot at getting your DUI dismissed. YourCincinnati Criminal Defense Attorney is ready to assist you when you have a need.
Bottom line: If you are pulled over and find yourself having to make decisions, CALL AN EXPERIENCED DUI OVI ATTORNEY. Put my moblie phone number into your phone: (513) 260-2099 . Hopefully you will never have to make that call. But, if the need arises, I can help you.