How to Protect Yourself in a Drunk Driving Investigation

Know Your Rights

Protect Yourself in a Drunk Driving Investigation

Whether you are innocent or guilty, it is normal to be stressed during a DUI/DWI traffic stop. People are often afraid it will look bad if they don’t cooperate, so they tell police far more than they should. The truth is you don’t have to say a word. It is your constitutional right to stay silent, even if your Miranda rights are not read, which usually won’t happen until an officer intends to make an arrest. Before that time, the officer will do anything he can to get you to incriminate yourself. But without the evidence you give him, an officer will have no probable cause for arrest. Always stay calm and polite. Respectfully, tell the officer your name and address. Then, say “I will not give anymore information until my attorney is present.” This is just one of many ways to protect yourself in a drunk driving investigation. 

It is also your right to say “no” to a field sobriety test or portable breath test. Again, these are measures the officer will use to gain probable cause that you are drinking and driving. By asking for your consent, they are admitting they don’t have enough evidence for a conviction. Don’t give them what they want. Instead, know and exercise your constitutional rights. The worst that will happen if you refuse a portable breath test is a small fine. In most cases, the fact that you refused a field sobriety test cannot be used against you in court. If the officer does arrest you or ask you to take a breathalyzer test or blood alcohol test, you can still refuse. The consequence will usually be a driver’s license suspension. However, if you are not convicted of a DUI, the suspension can often be reversed.

Police Will Intentionally Lie

Police officers have a close relationship with prosecutors and are well-trained in interrogation techniques. They may appear friendly or docile in an effort to get your guard down so you admit your own guilt and build their case for them. They might tell you that you won’t serve time if you simply confess. This is a blatant lie. A judge is the only one who determines sentencing. While it is perfectly legal for a cop to lie, it can be devastating to your case if you lie to an officer. Don’t talk to the police! Instead, wait until an experienced defense attorney can coach you on how to proceed.

Police Will Make Mistakes

Most states require an arresting officer to observe a driver for 15 minutes before giving a breath test. However, this step if often skipped. Many officers even lack probable cause for the traffic stop. Or, they will cut corners during field sobriety tests or ask questions that violate a citizen’s rights. If you avoid self-incrimination, a skilled attorney can use police error to have evidence excluded from trial or possibly obtain a dismissal.

How a Criminal Defense Attorney Can Help

If you are charged with a DUI/DWI, it is crucial to remain calm. Find an attorney with experience in DUI/DWI cases. A skilled, aggressive attorney can meet with prosecutors and convince them to drop the charges or have evidence disqualified from trial. The police do not want you to know your rights. But it is an attorney’s job is to empower their clients and help them achieve the most positive legal outcome.

If you or a loved one has been charged with drunk driving in the Boston area, I invite you to contact me for a case consultation. I can be reached directly at 617-263-6800. I provide criminal defense representation to residents of Lawrence, Lowell, Haverhill, Concord, Ayer, Newburyport, and all throughout Massachusetts.

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Kansas Moves To Punish Refusing to Incriminate Yourself in DUI Cases

I’ve posted long and hard over the years about the inaccuracy and unreliability of breathalyzers.  See How Breathalyzers Work – and Why They Don’t.  But at least you could always refuse to take the test.  You aren’t required to incriminate yourself, right?  I mean, this is America and we have the Constitution to protect us.

Maybe not.  This looks like yet another in a long list of constitutional rights that are slowly disappearing in DUI cases.  See, for example, The DUI Exception to the Constitution, The Disappearing Right to Jury Trial…in DUI Cases, DUI and the Disappearing Right to Counsel, Are DUI Roadblocks Constitutional? and Forced Blood Draws by Cops: Constitutional?.

House Votes to Criminalize DUI Test Refusals

Topeka, KS.  May 17 —  After a lengthy discussion of constitutional rights, the House has approved a bill that makes it a crime for suspected repeat offenders to refuse a drunk-driving test…

Under Senate Bill 60, drivers with a DUI conviction or prior refusal of a DUI test would automatically be guilty of a misdemeanor if they refuse a test. The penalty would be the same as for a DUI conviction.

The House passed the bill 103-13, but not without some concerns expressed by members that it “tramples” the right to remain silent when accused of a crime.

Rep. Sean Gatewood, D-Topeka, said he’s seen many drunk driving crashes and the harm they cause working as a firefighter and paramedic.

But he said he was not comfortable with making it a crime to refuse to take a breath or blood test.

“These are American citizens and they have the right to remain silent, which this bill sort of tramples on, because if you just stand there silent … then you’re a criminal,” Gatewood said. “You have your 4th and 5th Amendment rights … and I just think there is no greater ridge to stand on than the Constitution of the United States.”

Gatewood proposed to send the measure back to a House-Senate conference committee for further work, but that motion died on a 23-88 vote.

Rep. Pat Colloton, R-Leawood, who carried the bill on the floor, acknowledged that its impact on constitutional rights was an important issue, but on balance she supported it.

She said courts are being clogged with repeat offenders who refuse the DUI test and take their chances with a jury.

Some lawmakers said stopping drunk drivers outweighed the constitutional questions.

“I would gladly walk the line, breathe into the tube and draw my blood if it would get repeat drunk drivers off the road,” said Rep. Bill Otto, R-LeRoy. “This is about people who are killing people.”

“This is not about constitutional rights,” he continued. “What about the constitutional right to life, liberty and the pursuit of happiness? (a phrase from the Declaration of Independence, not the Constitution) When you’re killed by a drunk driver, they’ve deprived you of your life. Death penalty, when you did nothing wrong.”

So….if you refused to incriminate yourself, you would be convicted of a crime and given the same sentence as if you had been convicted of drunk driving.  In other words, you are basically convicted of drunk driving because you wouldn’t incriminate yourself!

Another constitutional right slowly fades away….

This entry was posted on Saturday, May 19th, 2012 at 8:33 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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How to Save Yourself from a False DUI Conviction

Save yourself from a False Pennsylvania DUI

Over the holidays, many Pennsylvania drivers will be stopped by police for DUI.  Law enforcement is a human endeavor and police officers are prone to mistakes which can lead to false arrest.  As citizens fit is up to you to arm yourself with knowledge of the law so you can protect yourself against a false DUI.

This is why The McShane Firm has put together a guide to help educate you on your rights and how you should use them.  Please read: What to Do if You’re pulled over for DUI in PA.

If you need professional advice on a DUI or criminal matter, please contact the Pennsylvania DUI attorneys at The McShane Firm at 1-866-MCSHANE.

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