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Helpful Tips For Being Pulled Over While Drunk

By on May 24, 2013 in Blog, Boulder Colorado Law Advice Blogs | 0 comments

Useful Tips For Being Pulled Over While Drunk

Tips For Being Pulled Over While Drunk

This memorial day weekend, be sure you stay out of trouble. There is nothing worse than ruining a good weekend by having a run in with the law, and that means drinking responsibly. However, at times people make poor decisions, ones which result in them being arrested for DUIs. If you find yourself in this position, be sure to follow these useful tips, they may not get you out of a DUI, but they certainly won’t hurt.

What follows here is a list of things you should be sure to do as your being pulled over, and know you’ve been drinking too much. For starters, the best thing to do is simply not drink and drive. Call a family member or friend to come get you, or even a cab if need be. The headache you’ll receive for getting a DUI is well worth trying to avoid by spending $20 on a taxi, or calling in favors. So without further ado, let’s get into what should be done when you’re pulled over.

Stay In Your Vehicle

This one should go without saying, but police automatically become suspicious anytime someone leaves their vehicle after they’ve been pulled over. Under normal circumstances, a person really never has a good reason to exit their vehicle, which means that if you do exit your car, the police believe there to be a good reason for it. Whether you are hiding something, don’t want something to be smelled or seen, or even to get ready to run on foot. Either way, if you get pulled over, be sure to remain in your vehicle at all times.

Be Respectful To The Police Officer

This one can certainly be easier said than done sometimes, but you have to keep in mind that the officer is doing their job to ensure our protection. That certainly means keeping an eye out for inebriated drivers. So rather than having an attitude with them, be polite, kind, and courteous. In the least, the officer will notice the respect given and be respectful in return. In essence, it’s easier to catch a fly with honey than vinegar.

Don’t Act Suspicious

Unless you were obviously swerving or driving like a fool, a police officer has no real reason to assume you are drunk when they pull you over. That conclusion comes ones they begin interacting with you. So once they ask you for your registration and license, be sure not to fumble around gathering that. Also, stay calm, and don’t allow any nervousness in your voice to give you away. A police officer can only make conclusions based on their observations, don’t allow them to make conclusions based on how you stutter, slur your words, or fumble around trying to gather your information.

If Need Be, Invoke the Fifth Amendment

You always have the right to remain silent, and any questions asked you by a police officer do not have to be answered. So where you’ve been, where you’re going, what you’ve been doing, and so on all don’t need to be answered. However, if you remain silent, and don’t answer the questions posed, that raises a huge alarm for police officers, as obviously, there is something you are hiding. Because otherwise, when asked, who wouldn’t say they’ve been playing scrabble all night with Grandma if they have. Your right to remain silent is one of the last ditch efforts to be made to protect yourself when all hope is lost.

Refuse Field Sobriety Tests

It is not required that any field sobriety test be taken, and many people even when sober can easily fail these tests. These tests in the end are not intended to help you in any way, and as such, are not required to be taken. When asked to take the test, very politely explain why you don’t want to. That being the test can be failed even when sober, and do not take into account your vision, health, balance, strength, and numerous other problems that might interfere with the test being passed.

Breathalyzers

Breathalyzers are also not required to be taken, and no officer can force you to. However, if you decline to take the test, you can automatically have your license suspended for up to a year, though you will avoid being charged with a DUI. You will also be given heavy fines, and other punishments may follow.

One thing that can be done to avoid the breathalyzer while not immediately giving up your driving rights, is to say you want to have a blood test, which is more accurate. The idea being, you have not declined to take a test, just not the field test. Depending on how much you have been drinking, it may take up to an hour or so for your blood to be drawn, and in that time, you may sober up quite a bit. So if you are certain to fail a breathalyzer, opt to take the blood test, and hopefully the extra time will help you.

Avoid Saying You’ve Been Drinking At All

Often times, people will try and tell an officer that they have only had a “few” drinks, but you can imagine how often they hear this. A “few” drinks differs from person to person, and as such when you say that, an officer automatically has to assume you’re drunk. So never admit to having anything to drink, because even a single drink, of the right strength, can put you over the limit. And remember, you’re not lying, you’re just not telling everything.

At The Clark Law Firm, we understand that mistakes can be made. Which is why if you have been convicted of a DUI in Boulder Colorado, or are concerned with Drug Offenses, in need of Felony Defense or Misdemeanor Defense, be sure to contact us immediately. We will get right to work to ensure you have the best Criminal Defense possible.

Phil Clark is a Criminal Defense Attorney for The Clark Law Firm in Boulder, CO. His experience as a senior prosecutor gives him a strong advantage for aggressive criminal defense and those in need of a Boulder DUI attorney. Contact us today for a FREE Consultation.

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