A DUI & DWI attorney servicing Oakland County, Livingston County, Genesee County and the surrounding areas
DRIVING UNDER THE INFLUENCE (DUI) AND OPERATING WHILE INTOXICATED (OWI) ARREST: A HOW TO GUIDE
HELP!! I had been drinking, was pulled over and the officer is asking me questions about where I had just come from, where I am going, how much I had to drink, etc. What do I say?
It is commonplace for officers to attempt to glean information from citizens during an arrest. The responses you provide will typically be written by the officer into a police report that can later be FOIAd, that is, read by anyone who submits a FOIA request. While it may seem like the right thing to do to answer the officer’s questions thoroughly and honestly, you are most legally protected if you provide no information except your driver’s licence and registration, which is all the officer is required to have.
When you are asked how much you had to drink, the best response would be something such as, “Officer, I am understanding that you want to know how much I had to drink. I appreciate the civil way in which you are speaking to me, but, with all due respect, I am simply not comfortable answering without my lawyer present.”
If you can remain respectful, non confrontational, make good eye contact, and avoid defensiveness all while politely not providing answers to the officer’s questions, you will do yourself a favor.
The Officer is telling me to take a Breathalyzer Test. Should I? Do I have to?
- If the arrest does not involve serious injury or death, then you should take the breathalyzer/ blood test, urine test etc.
- Prior to taking the breathalyzer, take several deep breaths so that the test can get an accurate reading, not a reading accounting for the alcohol in your mouth.
- Ask for the results of the breathalyzer.
- If you believe the results are inaccurate, you may request that a local hospital/ medical facility give a second test.
- If the arrest does involve serious injury or death, you may choose to decline the breathalyzer.
- Declining the breathalyzer will likely result in a loss of license for one year for first time “refusers” and loss of license for two years for second time breathalyzer refusers.
- Declining the test will also give police the opportunity to seek a search Warrant.
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Remember that you are not in this alone. Call Attorney Jeff Thomas at
(248) 826-8710, and let him do the talking for you so that you are protected under the law.