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The FIVE THINGS Not To Do If You Get Pulled Over

By The Police

 

By Tom Hudson

 

 

Okay, Tom, it's easy to tell me what to do if we get stopped, but that's a lot of information, especially to try to remember at 3am.   What if I forget all of those things?

Can you just tell me what NOT to do so I don't cut my own throat?

Sure.  There are five things you definitely should not do if the police pull you over and you have alcohol on your breath.   Here they are in no particular order:

1.

 

DON'T SAY ONE WORD MORE THAN YOU HAVE TO.  It is amazing how, in the middle of the night on the roadside, a small mispronunciation can confirm the officer's preconceptions that you are drunk.  

 

2.

 

Don't admit to drinking.  If you are asked "how much have you had to drink tonight?" just ask if you are under arrest.  (See The Four Words That Can Save You a DUI Conviction.)

 

3. If you DO admit to drinking, then DON'T say it was "hours ago."  Most people think they are helping themselves by lying and saying that their drinking was early in the evening.  The exact opposite is true.  If you had two shots just before you left the bar, you may not have metabolized that alcohol yet, and you might well be under the limit now, even if you test over the limit by the time that they get you back to the station.  This may not help you in the field, but it will definitely help you in the courtroom, if you have a competent and experienced DUI attorney.

 

4. Don't be cute.   Some lawyers may tell you to lower your window an inch and slide your license and registration out to the officer through the opening.  This is just asking for a full DUI investigation!  Be polite but terse.  And juries find it almost an admission of guilt if you play those kinds of games with the police.  Keep the high ground, and simply respond in as few words as possible to the officer's reasonable requests.  If the requests start to seem unduly accusatory, ask to talk to your lawyer. 

 

5. Don't forget that you are probably on camera.   These days, most DUI stops are recorded on video from the time of the stop, if not before.  The officer knows this, and so he's on his best behavior.  If you forget it, you may say or do things that might embarrass you later.  So be polite.  Juries are generally sympathetic with well-behaved people who have been pulled over by the police.  After all, most of them have been pulled over, too.  But if you start acting up, the jury's sympathy will instantly switch to the officer, who is "just doing his job."   I've seen a lot of video of DUI arrests, and it's amazing how fast that switch occurs when you get out of line.  

So there are some good "don'ts."  Obviously the best way to avoid a DUI arrest is to get a designated driver.  However, it is important to remember that, despite all of the propaganda, it is perfectly acceptable to drive after a drink or two.   There are even studies that show that a small amount of alcohol in the system actually improves your chances of avoiding a crash.  And in Florida, if not in all states, you can't even get a liquor license for your bar unless you have enough parking spaces.  So be smart.   If you get pulled over, you can avoid being arrested.   And if you are arrested, you can avoid being convicted.

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