1. Always be polite and courteous to the police officer
He or she will ask you for your driver's license, registration, and proof of insurance. Provide the police officer with these documents.
2. Do not take the bait and answer the police officer's following questions:
(1) why you believe he or she stopped you;
(2) why you committed a certain traffic infraction (e.g. speeding, failure to use turn signal, etc).
Any response can and will be used against you. The best response is no response. Simply respectfully decline to answer any of these questions.
3. Do not answer any questions or attempt to explain away the police officer's suspicions of your alcohol or drug consumption
You will not be able to talk your way out of a DUI. The more you talk, the more opportunities you are allowing the police officer to smell and/or observe you.
4. Do not submit to the Portable Breath Test (PBT) at the scene
This is a voluntary test, and the purpose of the test is for the officer to establish probable cause to arrest you. However, unlike the Breathalyzer Test, the PBT results will not be used as evidence against you at trial.
5. Weigh the pros and cons of submitting to the Field Sobriety Tests
These tests are also voluntary. However, there are two purposes for this test. First, the police officer uses the results of these tests to establish probable cause to arrest you. Second, the prosecutor may use the results of these tests as evidence against you at trial. At the same time, however, your refusal to submit to these tests can also be used as evidence against you.
6. Do not answer any of the police officer's questions during the DUI Interview
The police officer will ask you a lot questions, including how much alcohol or drugs you consumed, when was the last time you consumed alcohol or drugs, and if you take any prescribed or non-prescribed drugs. I repeat - do not answer any of these questions!
7. Always request to speak to an attorney before deciding whether to submit to the Breathalyzer
This may be a public defender or an attorney not of your choosing; however, I still recommend you speak with the attorney to weigh the pros and cons of submitting to the Breathalyzer Test or Blood Draw, given the facts of your situation.
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