1. WHEN YOU ARE NOT DRIVING AND STOPPED BY THE POLICE:

If questioned, politely tell the Officer, "I want my lawyer. If I am not under arrest let me go."

BUT WHAT IF THE OFFICER TELLS YOU THAT TALKING WILL MAKE THINGS GO BETTER?

Don't fall for it. Officers may try to cajole you into talking, or tell you things will go easier for you if you talk, but many people have been convicted by their own mouths in such situations. The police may even offer a deal -- promising that if you talk, your punishment will be lighter -- but this is generally a ploy, since only the prosecutor has the authority to make such a deal stick. Besides your lawyer is better trained to negotiate for you.

2. WHEN YOU ARE DRIVING AND STOPPED BY THE POLICE:

Give the Officer your license and registration. If questioned, politely tell the Officer, "I want my lawyer. If I am not under arrest let me go."

If arrested for DUI, agree to take the breath test at the jail (machine looks like a typewriter sits on a desk, no one carries it) or a blood test if offered to you. This is the implied consent testing. If you refuse this testing you will lose your privilege to drive for one year.

NEVER:

  • Never consent to a search!!!
  • Never discuss the situation with the police!!!!
  • Never consent to the police entering a residence!
  • Never blow into the hand held alcosensor (Officers carry it).
  • Never do field tests: ABCs, walking a line, touching your nose, standing on one foot, etc. !!!

AND NEVER GIVE THE POLICE YOUR IDENTIFICATION UNLESS YOU ARE DRIVING, FLYING, OR ALREADY UNDER ARREST!!