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In
this video, we're going to discuss what you should say if a police officer pulls you over
and for SUSPECTED DWI.
When a police officer has a legitimate reason to pull a driver over, he's more than within
his rights to ask you if you've been drinking. Now, if you ask any criminal defense attorney,
they'll say their clients' words get them more in trouble than anything, so what you
say, or don't say, is vital. At this point, if you've been drinking, you're likely considering
three options.
1) Lie. You may have had a couple, but you think you can fool a cop. You could be dishonest
and say you've not had anything at all to drink. But here's a secret: cops aren't stupid
and they hate being lied to. They'll likely be able to smell the alcohol on you, see your
glassy eyes, and notice how nervous you are. This will simply make the officer angry and
more likely to tell you to take field sobriety tests. Bottom line: just like your mom told
you, it's not good to lie.
Option 2) Talk your way out of it. People often hem and haw, say they've only had one
or two but try to argue that they're totally sober. Criminal defense attorneys differ on
whether you should admit to having had a drink or two. Some say you'll be better off just
admitting it and hope the cop appreciates your honesty and doesn't think you're drunk.
Others think it's a terrible idea. I tend to fall in the second category. Why?
Option 3) Shut. Up. Silence is golden. Why give the police extra ammunition in a potential
case against you? You could respond by merely asking, "Am I free to go?" or "Am I being
detained?" This might make the police officer angry, but at this point, we're trying to
keep as much evidence out of court as possible. Some of the best proof that a prosecutor could
have is your own words, on a dash cam video, admitting that you've been drinking. Your
best bet is to politely decline to answer any questions about whether you've been drinking.
Next, the police may ask you to perform a field sobriety test, a breathalyzer test,
or ask to search your car. My advice to you is to make clear that you decline to do any
tests, nor do you consent to any searches. Say those words: I do not consent to any tests
or searches. Say them over and over if the cops keep after you.
At some point after the police have tried to question you, you need to say these words:
"Am I free to go?" This puts the cop on notice that you want to leave, but he is detaining
you. The police are not allowed to detain you unless that have some reasonable suspicion
that you've committed a crime. HOWEVER, so long as you "consent" to talk to them, they
can ask you questions all night. Make clear that you're not there by your own consent.
Which leads to our last point: be polite. Police have hard jobs, they'd likely rather
be doing something other than pulling you over, and they get guff thrown their way by
hardened criminals all the time. If you want to survive a stop with your police record
intact, check your ego at the door and be nice. You can be angry and indignant later
about being stopped.