DUI traffic stop basics
In these days of increased police interdiction for DUI and decreased constitutional protection against unreasonable search and seizure, chances are that you will be stopped for DUI at some point in your life. The unfortunate reality is that juries give a huge amount of credence to police officers in evaluating for DUI. Your job is to give them as little information as possible to later use against you at trial.
Police can stop you for a myriad of reasons: bad tail light; driving slightly too fast; driving slightly too slow; weaving slightly within your lane; too much window tint; and an anonymous tip. On that last one, if an anonymous person tells the police you’re driving drunk, the cops don’t need to see any bad driving to stop you. The bottom line is that there are so many traffic laws on the books that the police will probably find a reason to stop you.
When you get pulled over, you must hand the officer your license. However, the officer will then ask you a number of questions. Respectfully refuse to answer those questions. They know why they pulled you over and their questions are designed to establish your guilt, even the ones that seem like making small talk. YOU CANNOT TALK YOURSELF OUT OF THIS.
The officer will then ask you to submit to series of field sobriety tests, such as shining a light into your eyes looking for eyeball twitching, which supposedly indicates the consumption of alcohol, making you stand on one leg for an indeterminate period of time, or having you walk heel to toe in an imaginary line. You can and should refuse these tests for two reasons: First, they are extremely subjective and not scientific at all; the officer can and does see signs of intoxication whenever he wants to; secondly, nobody can pass these tests, particularly at night and under the stress of arrest.
After the field sobriety test, the officer will ask you to submit to a preliminary breath test. You can and should refuse to take this test as well. This is a handheld device that you blow into used to approximate your level of intoxication. The key term is approximate. It is, in fact, wildly inaccurate, but will be seen as further evidence of intoxication.
At this point, they will have to make a hard decision; whether or not there’s enough evidence to arrest you for DUI with very little evidence. If you smell like alcohol or, god forbid, you spoke to them with slurred speech, they will probably take you into custody. Once you are arrested, they will tell you that you must submit to a breathalyzer or give blood. There are pros and cons to breath vs. blood. In my view, breath is perhaps the better option since it is also often inaccurate and can be attacked at trial. There are problems I can attack with the blood test, but it is seen as significantly more scientific. If you do not submit to a breathalyzer, you will lose your license for a year.
The bottom line is that being stopped and arrested can be a terrifying event. The officer will try to bully you into submitting to his demands. He will make it seem like it’s no big deal; that they’re just trying to make sure you’re safe. Just try to remember that you have rights. Be polite, but assert those rights. And ask to contact your attorney.