Don’t drink and drive. If you go out and are drinking alcohol, get a designated driver in place or prepare to use Uber, Lyft or a taxi service. If you have never been convicted of an OVI, you can’t imagine and understand the consequences of having an OVI conviction on your record. It can impact your entire life. There may be fines, incarceration, difficulty in finding a job or even keeping one, financial aid for school and more. There is good news, however, contacting the best criminal defense attorney can help defend a person’s rights and take steps in protecting their record.
If you are pulled over, be polite but protect yourself. Your right is to remain silent and if you don’t any and all statements made will be used against you. Three questions police ask that drivers tend to answer – and they should NOT – are “How much have you had to drink tonight?”, “Are you the driver?”, and “Where are you driving from?”. Answering them truthfully can be evidence used against you. Refuse politely to answer these questions – and ANY questions by saying, “I’d like to speak with my lawyer.” You have that right to call a criminal defense attorney and remain silent.
Politely decline to perform any field sobriety tests. Not the balance, mental, eyeball, finger on the nose, etc. Your right is to remain silent and not take any tests. Everyone who is pulled over by police is nervous. Even without a single drink, these tests have not been scientifically validated and people can’t pass them.
Do not blow into the breathalyzer. This test will not help you, and can’t measure the alcohol level with any scientific certainty. Deny taking it, politely.
Remember, everyone is innocent until proven guilty in America. The prosecutor must prove its case beyond a reasonable doubt. Remaining silent and denying testing will leave no evidence. However, if you have spoken or taken any tests and there is evidence, it could possibly be weak or invalid and there is the chance to challenge it. An experienced and aggressive criminal defense attorney will look for any and all issues with the evidence. There are cases every day where law enforcement have improperly administered the tests, illegally made a traffic search, breath tests are subject to malfunctions and test problems, or rights were not given at the time of the stop. There are always weaknesses in the state’s case to work with and I know how to work for a favorable resolution.
The Bottom Line: If you are pulled over the first thing you should do is call me. There are very few things as scary as having your freedom on the line. All criminal cases have different factors and the state’s attorney must prove them beyond a reasonable doubt. The criminal justice system is designed for everyone to plead not guilty. Let me examine the evidence and find any errors made by law enforcement. Let me negotiate with the prosecutor. Call me. 513-260-2099