Here are the things that you want to do without fail during a stop for drunk driving:
1. Be polite and respectful with the police officer. If the case looks tight to the prosecutor, he/she is going to ask the officer if the officer minds if you get a deal. If you were cool to the officer, then the officer will cut you a break at court. If you were a jerk, then a break is unlikely.
2. Do no argue with the police officer. Arguing is done in front of judges at court, not by the side of the road at two in the morning. Do not try to talk your way out of an arrest. The more you talk, the more there is a chance that you will slur your words and this will be used as evidence against you.
3. Understand that if the officer smells alcohol on you, you are going to be arrested and taken back to the station. No exceptions.
4. Understand that the quicker you get arrested, the less the prosecutor has to work with and the more your attorney has to work with.
5. Understand that in most all cases, you are going to be released that same night if there is someone who can pick you up or if you sober up to the point where you can care for yourself.
6. Always refuse any Field Sobriety Tests like the One Leg Stand Test, the 9 Step Walk and Turn Test, or the Horizontal Gaze Nystagmus Test (“follow my pen with your eyes only”). Do not count backwards or say the alphabet from one letter to another. The Officer already knows how to count and he knows what comes after the letter m. There is no penalty for refusing these tests. The police will tell you that if you just take the roadside tests and pass them, he will let you go on your way. This is a lie. You will always be taken into custody after the Field Sobriety Tests and the state’s case against you just got a lot stronger.
7. Never admit to drinking and/or driving. Do not lie. But do not answer the questions. The officer is not asking out of friendly curiosity. He is asking so you will say something that will convict you later.
8. Know that you are being video and audio taped all during the stop and that this is all going to be watched by a judge and a jury. Act accordingly.
9. If you have never been stopped for drunk driving before, refuse the test back at the station unless you have a commercial driver’s license (like a truck driver or a cab driver).
10. Never park in the bar parking lot. Park a few blocks away and walk to the bar.
11. Even if you feel fine to drive, call a cab. Alcohol is still seeping into your system and as you drive you will be getting drunker and drunker. By the time the police pull you over a block away from your driveway, you will be over the limit. A $15.00 cab ride is going to seem like a bargain when you are standing before the judge getting sentenced.
12. Print this list of do’s and don’ts out and keep it with you in the visor of your car. Read it over when the police pull you over. You’ll have time while they are running your tags to make sure you are not a serial killer.
13. Call me at 614.580.4316 if you are pulled over. I don’t mind if you call no matter how late (or early) it is. Late night calls are part of the job.