Initial Stop

by Roger Bouchard on Aug. 04, 2022

Criminal DUI-DWI 

Summary: Do's and Don'ts when pulled over

Times have changed. Police are on high alert due to the Countries atmosphere and attitude toward policing. Rest assured that if those red and blue lights show up in your rearview mirror, you will not likely be left with a warning. 

  1. If you have had any alcohol

    One drink can make your person smell of alcohol. When pulled over, do not succumb to the small talk that the officer will attempt to engage in with you. Included police chit-chat traps are "where are you headed to?", "where are you coming from?", "have you had anything to drink?", "How much have you had to drink?". Do not make eye contact, do not engage in talk. One word answers suffice for the initial stop. Respectfully hand the officer your drivers license, insurance and registration. These items should be readily available to avoid fumbling around your car, which the officer can turn into a clue for probable cause. 
  2. Legal stop turning into Probable Cause

    A legal traffic stop for speeding etc... can turn into your nightmare. It's as simple as looking at and speaking to the officer. This can turn into probable cause for arrest once the officer says they observed blood shot eyes, odor of alcohol, or slurred speech, or fumbling of documents. It should go without being said that you can't have anything incriminating in plain view. This will also establish probable cause. If the officer finds probable cause to arrest you, they will ask you to step out of the car if they haven't already. They will ask you to take a Breathalyzer test, and to perform the Safety Field Sobriety Tests. These are designed to produce evidence against you for a conviction. Refuse everything and take the arrest, therefore giving your attorney a chance to challenge the arrest. You will be told that you will lose your license for a year if you refuse. This can and will be addressed in court, so do not allow this to influence your refusal. Do not argue. Do not ask questions. Simply allow the arrest. In the cruiser, you are being recorded. Keep quiet if the officer attempts to engage in conversation. You have now avoided accumulating evidence against you, and are in a better position to challenge your arrest. Call an OVI attorney for consultation.

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