If Stopped for DUI, You’re Probably Going to Jail
This may sound pretty obvious, but let me explain myself a bit more before you leave this article. What I mean is, even if you do everything right and the cop has no evidence of DUI, you’re probably still going to jail. Have your attention now? Good. I’m a DUI attorney, so I know a bit about what I’m talking about here. And the fact of the matter is, cops are going to err on the side of caution and make you fight the case with prosecutor rather than them.
And I’m not saying it’s right, but put yourself in their shoes. They’ve pulled someone over who smells of alcohol, who maybe has a couple of clues of drunkenness, but that’s it. Would you want to be the cop that let that person go and then they got in an accident and hurt someone? I wouldn’t either. That’s why they are going to arrest you.
But you should at least make the decision hard for them by exercising your Constitutional rights to the max. That means doing everything you can to protect your interests, your liberty, and your reputation, so when you do have to fight this DUI charge, you have the upper hand. What am I talking about here? Pat attention.
First, don’t tell the cop you’ve been drinking. Don’t lie either. Just don’t answer the question. You don’t have to. And he can’t use your refusal to answer against you. It’s called the Fifth Amendment. Second, don’t take field sobriety tests. You don’t have to (at least in Washington State they are voluntary – if you are in a different state make sure of the rules before you go out acting crazy). Voluntary means if you say no there are no consequences. Third, don’t take the portable breath test (the one they try to give you while still roadside. See field sobriety tests for why.
If you follow these rules, you are going to have one angry cop and one happy DUI lawyer. This is a case that can be fought. It is a case that can be won. And it is the right thing to do. But, understand, if you do this, you’re probably going to jail that night. Just don’t say I didn’t warn you.
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