Must I get out of my car if an officer asks me to do so?
If asked to exit the vehicle, you should turn on your phone and begin recording both video and audio. Under the law, an officer can demand you exit the vehicle if they believe there is any threat to their safety. You should exit the vehicle and stand still and remain silent. If the officer demands you do field sobriety tests, speak or blow into a portable testing device, you should consider remaining silent and shake your head no.
Refusal for a roadside chemical test is a small fine and zero license points - this is NOT the Datamaster or blood draw chemical test, which is subject to license suspension under the implied consent law. There is no penalty for remaining silent and refusing field sobriety. The officer is likely to be very frustrated, to threaten to arrest you etc. but it's your right to not build a case against yourself. If arrested, comply with the handcuffing and stay silent - don't give in, because things are getting "worse". At this point if you've kept quiet and recorded things, you stand a good chance to challenge the basis of the arrest. Officer needs probable cause you committed a crime - your driving and your physical appearance is all they have, which could mean no signs of intoxication.
Give me a call at 248-924-9458
If asked to exit the vehicle, you should turn on your phone and begin recording both video and audio. Under the law, an officer can demand you exit the vehicle if they believe there is any threat to their safety. You should exit the vehicle and stand still and remain silent. If the officer demands you do field sobriety tests, speak or blow into a portable testing device, you should consider remaining silent and shake your head no.
Refusal for a roadside chemical test is a small fine and zero license points - this is NOT the Datamaster or blood draw chemical test, which is subject to license suspension under the implied consent law. There is no penalty for remaining silent and refusing field sobriety. The officer is likely to be very frustrated, to threaten to arrest you etc. but it's your right to not build a case against yourself. If arrested, comply with the handcuffing and stay silent - don't give in, because things are getting "worse". At this point if you've kept quiet and recorded things, you stand a good chance to challenge the basis of the arrest. Officer needs probable cause you committed a crime - your driving and your physical appearance is all they have, which could mean no signs of intoxication.
Give me a call at 248-924-9458
