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Recommended procedures for being pulled over while intoxicated

by Jen B.

Drinking and driving tickets are permanent. If driving after drinking and pulled over, here are some helpful tips to decrease your chance of receiving a ticket.

1. Pull over as soon as safely possible. Turn the car off immediately. Take the keys and put them on your dashboard, so the officer can see they are out of the ignition.

2. Place both of your hands on the driving wheel until the officer approaches. Ask permission to go into your dash and find your license, insurance and registration.

3. Be polite throughout the entire interrogation. Do not act belligerent or angry. It will severely hurt your chances of making it through the ordeal without a drinking and driving ticket.

4. If the officer detects the smell of alcohol and asks if you have been drinking, tell him that you would like to speak to an attorney before you say anything that could incriminate you (be polite). Absolutely do not tell him you have had a beer, two beers or a couple of drinks.

5. The officer will likely next ask you to submit to a field sobriety test based upon his detection of the scent of alcohol. Politely refuse participating in a test. The officer's point of view as to whether you pass or fail is subjective, meaning he's probably already made up his mind as to whether you are drunk or not. Therefore, no good can come out of doing the test. Nothing bad can come out of refusing a field sobriety test politely. Again, reassert your demand to speak with an attorney.

6. The officer will now tell you he's going to take you to the station for a chemical analysis to determine how much alcohol you have in your system. Call your attorney and request that he is present. If your state doesn't have a misdemeanor/criminal infraction for refusing the test, then refuse it at this point. Ask if you can have your blood drawn opposed to a breathalyzer. Explain that you heard it has more accurate results. In reality, it increases the time between your last drink and the test, making it more likely your results will fall under your state's limit. Also request that you have the opportunity to conduct an independent test with your attorney present. Have your attorney take you somewhere to get your blood drawn. This opportunity is required by the constitution and if they refuse, could help the evidence against you be thrown out in court later.

7. Do not permit the officer the opportunity to search your car, even if there is nothing in it. The officer does not have the right to search your car, regardless of what they say to you unless you give them permission. Politely do not give them permission.

These tips should help you avoid an infraction. However, you should never put yourself in the position that you could be ticketed. Do not drink and drive!

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