Tuesday, April 14, 2009

Dont talk to Cops II



Anonymous said...

Yeah, but what to do at a DUI checkpoint? Here's how it goes in my state:

Cop: How are you doing, sir?
Me: Fine.
Cop: You been drinking tonight?
Me: No.

OK so far, but then:

Cop: Where are you coming from?

What then? "Home" seems so much better a reply than "I'd rather not answer that."

Anonymous said...

You answer the question with your own question - "Am I being detained?"

If the answer is "No." Then you say, "Thank you, officer. I'll be on my way."

If the answer is "Yes." Then you say, "Thank you, I have nothing further to say."

Of course, you may then be asked to give a breath or blood sample. Which you should absolutely (and politely) refuse to do if you have been drinking. Even if you have not been drinking, it is a good idea to refuse breath samples, as some innocent substances - breath mints, etc. - have been known to give false positives.

They will need a court order to get samples after your refusal to voluntarily give one. Also, don't take the field sobriety test if you have had anything to drink.

Laws vary from state to state, but refusal to give samples or take a field sobriety test usually results in an administrative suspension of your driving license for up to a year, but that is far better than a DUI conviction.

The best solution is not to drink and drive. That said, I think DWI checkpoints are a terrible violation of people's rights. Unfortunately, the court's don't agree.

Laws vary from state to state, call any DUI attorney in your area and ask for specific advice. They will likely give this to you for free. Because the laws vary so much, please do not take this as legal advise for your specific situation.