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LEGAL EASE
make jokes, try to chat up the officer, and clearly not the time to be months (although you may qualify for a limited license during that
sarcastic, snippy or argumentative. time so you can go to work). However, many attorneys think it’s
much better to have a suspended license than a DWI conviction.
Don’t jump to the conclusion you’ve been stopped for DWI. Plus, if you protest the suspension within 15 days, the suspension
Maybe you were speeding or have a broken tail light. Wait for the may be rescinded if you can show the officer didn’t have reasonable
officer to come to your car and wait for him/her to talk. If you get grounds to stop you.
comments like “you know that’s a 45 mph zone back there?” maybe
it’s just a ticket. But if you start to get questions like, “where were You may also be asked to give a blood sample. Again, you don’t
you coming from” or “are you coming back from a restaurant or have to do that either. The only way you can be forced to give a
party,” the officer likely has something else on his/her mind. That’s specimen is if a judge orders it and that takes a formal warrant
where the rest of this article comes in. which can be hard to get late at night. By the time the officer wakes
up a judge to get a warrant, the driver’s metabolism may have elim-
If you’ve been drinking more than prudence dictates, and believe inated or reduced the blood alcohol content so that the lab results
you’ve been stopped because of a suspicion of intoxication, many are within legal limits. That’s why some defense attorneys argue that
defense attorneys advise clients not to enter any discussions with the the longer the delay, the better.
officer. If asked questions like “have you had anything to drink
tonight,” or “where have you been tonight,” your answer probably Conversely, some prosecutors will argue that if you’ve really only
should be “If you’re going to be asking me questions, Officer, I’m had one glass of wine well over an hour ago, you should fully co-
going to exercise my right not to answer at this time until I can consult operate. They make a valid point that the more uncooperative you
with my attorney.” You may be told that there’s no need for an attor- are, the more suspicious the officer will be. If you really are clean,
ney or that people who won’t talk have something to hide, but stick prosecutors advise you not to stand on your rights as a matter of
to your guns and don’t enter into a discussion. You have the right to principle, but to cooperate and agree to take the tests the officer
remain silent. The only things you must do are provide the officer suggests. That said, if you know your blood alcohol level is high,
with identification, registration and insurance and to step out of the you can understand why many defense attorneys will tell you to re-
car if asked. You also must obey any direct commands the officer main silent, refuse to take the field sobriety tests and breathalyzer
gives, but confirm that it is, in fact, a direct order and not a suggestion test, and to submit to a blood sample only when the officer can pro-
or request. Ask the officer to state if it’s an order. If he/she says it’s vide you with a warrant from a judge.
a request, you don’t have to do it. Remember, be polite.
But, it’s a “no refusal” weekend, right? Doesn’t matter. You always
You may be asked to perform field sobriety tests (do the hori- have the right to refuse to talk, to do the field tests and to blow. But,
zontal gaze nystagmus test, count backwards, stand on one leg, walk as stated above, a judge can issue a warrant to force you to give a
heel to toe on a line, touch your nose with your eyes closed, etc.) specimen, like it or not. During a “no refusal” weekend, it just
You don’t have to. If you really have been drinking, many attorneys means the local district attorney has arranged to have a staff of at-
advise against taking any field sobriety tests. After all, even when torneys and judges on hand 24/7 ready to immediately process
totally sober, who among us can walk a straight line on the berm those warrants. As a result, if you refuse (which is your right), there
of a road (slanted at 5 degrees or more for drainage) when cars are may not be much of a delay before they can get a warrant and you’re
flying by at high speed less than 10 feet from you with headlights taken to a hospital and forced to give a specimen. The only real dif-
on creating a strobe effect? When you’re dumping catecholamines ference between a “no refusal” weekend, and any other time, is that
left and right, will your hands really be steady and will your mind arrangements have been made to speed things up to force a sample
function as normal when asked to do some mental arithmetic? if a motorist refuses.
That’s why many defense attorneys suggest you very politely refuse.
So, long story short, what should you do? Answer: don’t get in
You may then be asked to take a breathalyzer test. You don’t have this position in the first place. You probably won’t remember this
to “blow” and, if you’ve been drinking, many attorneys say you article if you’re stopped. But what you may remember is this piece
shouldn’t. These attorneys contend breathalyzers are notoriously of advice because you can do it right now. Download the ride apps
unreliable and there’s a body of evidence to support their position. and use them if you’re going to drink. That’s the smartest legal move
You don’t have to take the test. Note, however, that refusing a breath you can do. More importantly, it’s the right thing to do. For you,
test likely will result in suspension of your license for at least a few your family, and everybody else.
visit us at www.bcms.org 33
