Alcohol Related Crimes

Alcohol Related Crimes

             Yes, it’s finally Summer (although the weather may not feel much like Summer!).  With a lot of outdoor activities on the schedule, it seems like a good time to talk about alcohol and the law.

             Obviously, the best thing to do is not drink and drive, but, if you do, be ready for a close encounter with the law.  There will be DUI sweeps, and most police departments will be on heightened awareness patrols.  Here are some things to keep in mind:

             The bottom line is that if an officer wants to stop you, he or she will find a reason to pull you over.  It just doesn’t work to drive safe and slow if you have been drinking.  The basis for the stop, commonly known as “probable cause”, is easy to find, and once you are stopped the officer can usually make a case for investigating the “strong odor” of alcohol. 

             Be respectful to the officer, and provide your license, registration, and proof of insurance when requested.  I’ve said it before, but do not make any self-incriminating statements.  The officer will ask you questions, and it may seem like a simple conversation, but they will be used against you in court.  Be polite, but insist on speaking with an attorney before you answer any questions about your driving or alcohol consumption.  I know this will be hard to do, but it is very important to pay attention to this advice.  Many DUI convictions are made based on the defendant’s statements during the stop.

             You should not take the field sobriety tests.  These are voluntary, and you will not pass the tests.  Again, the test results will be used in court to establish your impairment.  Just politely decline the invitation to take the tests – it will pay big dividends later.

            At the police station, the same rules apply.  Make sure you speak with an attorney, and follow his or her advice.  The arresting officer will make use of the time at the station to try to gather more information from you – all of which will later be used against you.  Generally, it is a good idea to take the breath test.  The results are open to challenge in court, and, if you refuse, the level of proof of your intoxication becomes less important than the fact that you refused the test.

             Once you are released, you need to contact an experienced DUI attorney if possible the next business day.  The more time he or she has to prepare your defense, the better job he or she can do for you.   No one should try to “go it alone” when charged with a DUI.

            There are other issues we need to talk about, but they will have to wait for next time.  Please have a safe Summer!