Whenever we meet with a new potential DUI client, we discuss the conversation that they had with the police officer on the side of the road. We have never been told that our potential client refused to engage in conversation with the officer.
If we had been there to advise our client, we would have told the client to simply hand over their license, registration and insurance, and not to say a single word, or agree to do a single preliminary breath test or field sobriety test. The penalty for not complying is a small fine for refusing the PBT, but no points, if you're over 21, and it is not a crime.
Yes, the officer may become rude, pushy, get upset, and probably just arrest you without probable cause to do so. Think about it, unless you car is all over the road or you crashed, what evidence of committing a drunk driving offense have you really offered?
Ok the cop says you smell like alcohol, one, alcohol doesn't have a smell, and two it's not against the law to drink if you're over 21 or to drive a car after drinking. Your eyes are bloodshot, you're sweaty; well maybe you were out all night having fun and it's 3 am - you're not going to look your best.
Without speaking to the officer, which brings in slurred speech, admission of drinking, coming from a bar, confusion of where you are, or where you are going, the officer has very little reason to arrest you. If you don't give the officer a BAC reading or field sobriety tests, it's very likely that even if the truth is that you're above the limit, or breaking the law, the law only looks at what the officer knew or perceived at the time of the arrest; it doesn't matter if you blow over the limit later on after the arrest with the Datamaster or blood draw.
This isn't meant to help people get out of breaking the law, it's meant to protect your rights, your family, your job and your future, and put the burden on the cop to have enough to arrest you; after all, your taxes are paying for his/her training, uniform, squad car, weapon and salary, make them earn it.
If we had been there to advise our client, we would have told the client to simply hand over their license, registration and insurance, and not to say a single word, or agree to do a single preliminary breath test or field sobriety test. The penalty for not complying is a small fine for refusing the PBT, but no points, if you're over 21, and it is not a crime.
Yes, the officer may become rude, pushy, get upset, and probably just arrest you without probable cause to do so. Think about it, unless you car is all over the road or you crashed, what evidence of committing a drunk driving offense have you really offered?
Ok the cop says you smell like alcohol, one, alcohol doesn't have a smell, and two it's not against the law to drink if you're over 21 or to drive a car after drinking. Your eyes are bloodshot, you're sweaty; well maybe you were out all night having fun and it's 3 am - you're not going to look your best.
Without speaking to the officer, which brings in slurred speech, admission of drinking, coming from a bar, confusion of where you are, or where you are going, the officer has very little reason to arrest you. If you don't give the officer a BAC reading or field sobriety tests, it's very likely that even if the truth is that you're above the limit, or breaking the law, the law only looks at what the officer knew or perceived at the time of the arrest; it doesn't matter if you blow over the limit later on after the arrest with the Datamaster or blood draw.
This isn't meant to help people get out of breaking the law, it's meant to protect your rights, your family, your job and your future, and put the burden on the cop to have enough to arrest you; after all, your taxes are paying for his/her training, uniform, squad car, weapon and salary, make them earn it.
