Three Tips On What To Do When You're Arrested On Suspicion Of Drunk Driving

Law Blog

Being singled out by the police as a drunk driving suspect can be a very scary experience, whether you're drunk or not. If you ever find yourself in this situation, here are three tips on what to do and what not to do.

1. Don't behave in an unruly or disrespectful fashion

Not only will acting out make the police officers even more sure that you're drunk, but being unruly or disrespectful around armed officers is always a bad idea that could lead to someone getting hurt. Be polite and cooperative, and only refuse to do something if you know you have the right to refuse and aren't required to comply; and even then, be sure to exercise your rights as respectfully as possible. Even if you find it hard to respect someone who's pulling you over and asking you to take a breath test, try to respect the fact that he or she is carrying a deadly weapon.

2. Don't answer questions unnecessarily

One thing you shouldn't agree to is answering any and all questions the officers choose to ask you. Any time you're suspected of a crime, it's a good idea to speak as little as possible until you can contact your lawyer and get his or her advice on what you ought to say in your situation. Any question that could have an incriminating answer is one that you're not legally required to answer (since you have the right not to incriminate yourself). It may seem impolite to refuse to answer questions, but you can do it by respectfully replying to these questions that you would prefer to remain silent until you can consult with your lawyer.

4. Opt out of the "field sobriety test"

Sometimes a police officer will have a suspected drunk driver recite a tongue twister or walk a line to help the officer determine if the person is drunk or not. This is a rough-and-ready type of test with very unscientific results, and if you have a stammer or have simply been clumsy all your life, you could fail the test even if you haven't had a drink all year. For this reason, it's a good idea to politely opt out of these tests. If you're asked to take a blood or breath test, however, it's likely that you're legally required to consent. Fortunately, these are more reliable tests.

Remember, this is not legal advice. If you're arrested and brought in to the police station on suspicion of drunk driving, be sure to contact your lawyer as soon as possible.


27 September 2016