Similar to what was mentioned above – first, you have to ensure your own safety. Keep your hands on the steering wheel and wait for the officer to approach you. Don’t start rifling through your glove box looking for your documents because the police may view those actions as threatening. Remember, staying calm and keeping your hands in view of the officer is the best way to keep the detention as short as possible and deny the officer the excuse to conduct further investigation.
In a DUI case, everything the officer sees, smells and hears will be used against you. That includes any officer observations of your driving before they pulled you over. While it’s a good idea to provide the standard documentation of license, registration, and insurance when asked, it is not a good idea to answer any further questions. If the officer asks you questions regarding whether you’ve had anything to drink, ask the officer if you are free to leave. If the officer says yes, safely drive away. If the officer says no, then the officer is detaining you.
If the officer asks you to step out of the car, then you must comply with a legal order. However, you do not have to answer any questions regarding where you’re going or coming from. Keep in mind that the officer is likely filming you with their body worn camera, so not only what you say, but how you say it (for example, slurred speech) will be used against you. Also, you can refuse to perform any field sobriety tests.
If the officer suspects you may be driving under the influence and decides to perform a screening, they must give you the option of a breath test or a blood test, and advise you that a refusal to submit to either will result in a license suspension. If you choose the breath test, you may be given a preliminary alcohol breath test on scene and another more substantial breath test back at the station. If you choose the blood test, they will likely draw your blood at the station or a hospital.
If you refuse to submit to both tests, then your license will be automatically suspended but the prosecution will not have the evidence from the tests to use against you. This does not mean you can’t be charged with driving under the influence. In fact, you can still be charged with driving under the influence and face the additional allegation of refusing to take the test. And on top of that, the prosecution could seek a special jury instruction that says you refused to take either test because you knew you were guilty.
It is important that you contact Chris Bou Saeed as soon as possible because prosecution of DUI’s are very technical and officers make often make mistakes in DUI cases. The procedure for performing a breath test or blood draw is very intricate and must follow a very specific process. As an experienced criminal defense attorney, Chris Bou Saeed knows all of the constitutional, statutory, regulatory, and administrative rules governing DUI cases that often mean the difference between dismissal and conviction.