Suspected of drunk driving?

A criminal defendant is pulled over for drunk driving, here are some important steps they should consider taking:

• Stay calm and comply: It is crucial to remain calm and cooperative when interacting with law enforcement officers. Follow their instructions and cooperate fully without displaying any signs of aggression or resistance.
• Adhere to traffic rules: Pull over to the side of the road as soon as it is safe to do so, while following traffic regulations. Use your turn signal to indicate your intention to pull over and choose a well-lit and safe location, if possible.
• Be mindful of your behavior and movements: Avoid any sudden movements or suspicious behavior that could raise suspicions or concerns for the officer. Keep your hands visible at all times, preferably on the steering wheel, to alleviate any potential concerns about your intentions.
• Do not exit your vehicle when you come to a stop. Roll down your driver’s side window, turn off the radio, and wait for the police to approach.
• Provide required documents: When requested, provide the officer with the necessary documents, such as your driver’s license, vehicle registration, and proof of insurance. Retrieve these documents in a calm and deliberate manner, informing the officer of your actions before reaching for anything.
• Do not lie to the police about who you are.
• Exercise your right to remain silent: You have the right to remain silent, so avoid volunteering any self-incriminating information or admitting guilt. Answer basic questions such as providing identification, but politely decline to answer any questions about alcohol consumption or other potentially incriminating details.
• Do not argue with or refuse any lawful commands given by the police.
• Avoid performing field sobriety tests: Field sobriety tests are voluntary, and you have the right to refuse them. These tests are subjective and can be used as evidence against you. Politely decline the tests without offering an explanation.
• Refrain from taking a preliminary breath test (PBT): In some jurisdictions, the officer might ask you to take a PBT at the scene. These portable breathalyzer tests are also voluntary and are generally less reliable than the official breathalyzer test administered later at the police station. It is generally advisable to decline the PBT. (Keep in mind that in Michigan, if you refuse a PBT you can be issued a civil infraction. This carries a potential fine of $150, but there is no driver’s license sanctions and no points will be taken off your license.)
• Request legal representation: If you are arrested or placed in custody, clearly and firmly request to speak with an attorney. This will help protect your rights and ensure that you have proper legal representation during the legal process. This should also insure that further questioning by the police ends.

Remember, these steps are general guidelines and may vary depending on the jurisdiction and specific circumstances. It is essential to consult with a qualified criminal defense attorney who can provide personalized advice based on the laws in your jurisdiction. This blog post does not constitute legal advice.