If you get stopped for a dui knowing these 3 things could keep you out of prison.
You need to know exactly what to do if you get stopped for a dui.
When a person is operating a motorvehicle after legally consuming any alcohol, it is reasonable to conclude that if you get stopped by law enforcement while operating the motorvehicle there is a very good chance that you can be investigated on suspicion of operating the vehicle while under the influence of alcohol, or with your ability to operate the automobile as “impaired” due to the consumption of alcohol.
Certainly, being stopped roadside by the police is both frightening and nerve-wracking. In addition, just being in the zone of being investigated can elicit natural emotions such as fear and anxiety. Unfortunately, both fear and anxiety do not lend themselves well to dealing with the police if you get stopped for a dui.
The million dollar question is always something along the lines of “what do I do if I’ve had one to two medium sized alcoholic beverages while out socializing with friends and on the way home I get pulled over by the police. What do I do or say?”
Although there is not formula or exact science on how to handle being under investigation for driving while intoxicated there are three things that you can do, and not do, to maximize the situation at hand and avoid the possibility of being arrested for DWi.
1. Remain calm!
The first thing to do is make sure you remain calm, and not try and plead your case with the investigating officer. Also make sure that you have your valid New York State Drivers license readily accessible and available to give to the police officer along with your updated insurance card and valid New York Registration. The goal is to easily hand over these documents without fumbling them around or even dropping them on the car floor.
2. Do NOT answer “yes.”
The Second thing to do is actually something “not” to do. Quite simply, if you get stopped for a dui and the police ask you if you have had anything to drink in regards to alcohol that night do NOT answer yes. Some people think they can sweet talk the police, or think that by being honest they will somehow “curry favor” with the police and avoid a DWI investigation. Many people’s rationale is that if they open up and are honest about drinking that it will benefit them and will help them. The reality is anything you say will and can be held against you. When you admit to drinking alcohol at any point or in any amount you now automatically go into a divergent category and level of questioning.
Don’t lie to the police but never admit you had anything to drink.
When you tell the police you had one drink, they often suspect that you are minimizing your consumption and actually had three drinks. In addition, if they decide to place you in custody and charge you with a DUI, they will supply the court with what is called a “710.30” notice, and use your own words as admissions that help strengthen the DWI allegations against you.
3. Convey any Physical Ailments you may have to the police.
Third, if you get stopped for a dui and the police ask you to participate in standardized field sobriety tests, otherwise known as divided attention tests, you want to make sure that if you decide to take these tests that you duly note to the police and ask them to record any physical injuries or limitations that you may have which could negatively impact your performance on these coordination tests.
Examples could include bad knees or torn cartilage, tendinitis in the knee, shins, or ankle, injured hips, or a bad back. Before performing any of the coordination tests it is imperative that you amplify and duly note any and all physical injuries or limitations to the investigating officers.
In conclusion, there is no way to act, and no ready formula on how to behave during a police DWI investigation. However, if you can remember and incorporate the three things emphasized here, it will surely maximize your chances of avoiding an arrest.
In the alternative, should you unfortunately be arrested and charged with a DWI, then those three items will certainly weaken the strength of the governments case and help you move forward aggressively in the pursuit of an acquittal.