Happy Holidays from Phil and Lisa Baker
More DWI arrests occur during the holiday season than any other time of year. The police are on high alert and will use any excuse to stop and search you and your vehicle looking for evidence of DWI or drugged driving. Please follow these guidelines for a safe and enjoyable end of the year.
Do not drive with open containers, marijuana or drug paraphernalia in your vehicle.
Do not drink and drive. Choose a designated driver or utilize ride sharing services like Lyft or Ubur.
However, if you find yourself behind the wheel and stopped by the police here is some simple advice.
Don’t be chatty with the police. If you get stopped by law enforcement and you’re asked to get out of your car, you’re probably going jail. Police normally don’t ask a motorists to get out of their vehicle when issuing a ticket. Chances are he has already formed the opinion that you are driving under the influence and there is nothing you can say or do to avoid the arrest.
If you are requested to do roadside tests it is best to politely refuse. The road side tests administered by the police are video-taped and you are sure to fail. The tests are extremely hard to perform properly even under ideal conditions–much less on the side of the road.
If you are asked to provide a sample of your breath or blood you have the right to refuse. However, if you refuse to give a breath sample the officer will get a warrant and take your blood. It might be better to agree to give a breath sample because the test results are easier to challenge in court.
We hope you have a safe and enjoyable season. Please drink and party in a responsible manner. However, if you find yourself in a difficult situation, don’t panic. We are here to help you.
Posted in: DWI/DUI, DWI/DUI Defense
