Do Not Face A Drunk Driving Charge Alone
Your drive home is turning into a nightmare. You are driving down a road and you see the flashing lights of a police cruiser behind you. Maybe you were sleepy and edged over the line. Maybe you were speeding down a deserted road. Maybe you had been out for dinner and had a few beers or a few glasses of wine. Worse, maybe you were involved in an accident, and the accident appeared to be your fault, either because it was a one car accident or because you struck someone from the rear or went unlawfully into an intersection. What should you do when you realize a police officer is signaling for you to pull over?
The first thing to do is to signal and pull over, as quickly but as smoothly as you can. Then wait in your car for the officer to approach you. While you wait, get your license and registration out, because the officer will be asking for it immediately, and will note in his report how smoothly you were able to provide those objects. Remember everything you do, from pulling over to handing over your license and registration, to walking to and from the cruiser, to your behavior in the station will be evaluated and noted in the officer's report. Do not argue with the office but be polite and respectful at all times.
The officer will ask you to do various things— get out of your vehicle, stand and wait, eventually walk with him to his cruiser and get in. You must do all of those things and, the more quickly, smoothly, and politely you do them, the better it will read in the officer's report.
But there are two things you do not have to do:
- You don't have to perform the "field sobriety tests"
- You don't have to blow into the breathalyzer test back at the police station.
The officer won't tell you that you have a right to refuse to attempt the field sobriety tests. He will just ask you to do them.
Field Sobriety Tests
Typical field sobriety tests include:
- Reciting the alphabet
- Standing on one foot and counting slowly to some number, usually thirty
- Walking some number of steps, usually nine or ten
- Touching your heel of one shoe to the toe of the other
- Turning at a certain count and walking back the same number of steps
- Following a penlite that he moves from side to side
- Tilting your head back and touching your tip of your finger to the tip of your nose
If you refuse to take these test, all the officer can do is write in his report that you declined to do them. No field sobriety test means no evidence against based on your performance. There are no immediate license consequences for refusing the field sobriety tests. The officer will ask you if there are any medical problems that might affect your ability to do any of the tests. The chances are that there might be – for example, many people have trouble with the one legged stand test or the walk and turn test because they are overweight or have other balance problems, but your instinct will be to tough it out and say you can do them with no problem.
When Should You Agree to Take A Field Sobriety Test
So should you do them? The answer is usually not, but it depends. Your inclination will be to cooperate and perform the tests. After all you're embarrassed and you think if you cooperate it will go better for you.
In the rare case where you are confident you are completely sober and also confident that you are so well-coordinated that you are certain you will do well, you might want to go ahead because if you do them perfectly, and I mean perfectly, the officer should record that perfection and testify to your perfection. But most people will not be able to do these exercises perfectly and so should not do them; they can and should respectfully decline. Be polite but decline. Why? Because every imperfection will be recorded for reciting at a trial as evidence that you were under the influence of alcohol. One step off the line, putting a foot, touching the middle of your finger to the bridge of your nose, singing the alphabet or missing a letter, every imperfection will be recorded and used against you. So unless you're sure, really, really sure, be polite and decline.
Once you refuse these tests, you will likely be arrested and brought to the police station. You will be booked, which means asked a lot of questions: name, address, where were you coming from, things like that. Should you answer those questions? In most cases, absolutely. The more responsive your answers, the clearer your speech, the more positive the officer will say about you.
Do you admit to having had anything to drink? You are required, of course, to tell the truth. But remember that anything you say can and will be used against you.
Should You Take the Breathalyzer Test?
You will most likely be offered to take a breathalyzer test. Should you take it? Again, it depends. Many lawyers will say no, don't take it because it is powerful evidence against you and it is not as reliable as the government claim. You have to weigh that advice, and its good advice, against the fact that if you refuse the breathalyzer test the immediate consequences for you license are harsh: immediate suspension of your driver's license or right to operate a motor vehicle, with the length of the suspension different depending on if this was a first offense of a subsequent offense.
The benefit to refusal is there will be no evidence of your alcohol level at your trial. So think about this very, very carefully. If you clearly remember how much you had to drink, and it was truly a very small amount, no more than one beer or glass of wine or one drink in the past hour, or no more than two drinks in the last two hours, it may be ok to take the test because if your blood alcohol level reads less than .05 the police are likely to release you, and if your blood alcohol level is above .05 but less than .08 you will still be charged but you stand a good chance of winning at trial But those cases are rare. The chances are you don't remember exactly how much you had, and if that's the case, it was probably too much and will result in a failed result. The safe advice is to respectfully refuse the test but if you do so be aware that there will be an immediate loss of your license.
You have a right to a phone call – use that right and make the call. You want someone to pick you up. More importantly for your defense you want someone to talk to you on the phone and then come and pick you up, so that person can testify as to how sober you sounded on the phone and appeared when they saw you.
And then hire a criminal lawyer with experience and expertise at defending O.U.I cases as soon as possible, while the events are clearest in your memory, and so that you will know the law and what your rights are as soon as possible in order to create the strongest possible defense.
Experience in Defending DUI Cases
Massachusetts Attorney Sanford I. Furman has extensive experience against defending drunk driving and other motor vehicle and criminal charges. He has been helping people charged with O.U.I. throughout greater Boston, including Wellesley, Brookline and Brighton, and the Metro west areas of Framingham and Natick, for over 24 years. He can help you. He can win.
Sanford I. Furman will provide you with realistic advice on all of your options and help prepare you to mount the strongest possible defense Attorney Furman will be there protecting your rights. He is an experienced trial lawyer who can help you win.
Free Initial Consultation
Please contact the Law Office of Sanford I. Furman by phone or e-mail if you have been charged, or are facing a drunk driving charge to schedule a free consultation. Evening and weekend meetings can be arranged by appointment.
