July 09, 2018
It’s the time of year for the holidays. And holidays mean people will be out and about drinking and being merry. Be careful – cops know you’re out there drinking and are waiting for you.
Most police agencies step up patrol and enforcement around the holidays hoping to make some busts.
Drinking and driving is a crime almost anyone can find themselves in trouble for. Just an extra glass of wine is what separates you from legal trouble.
Here’s some advice from your neighborhood criminal defense lawyer:
Stay Off the Roads!
Knowing there are more cops than usual on the road it’s best to play it safe. Plan your evenings ahead of time. Arrange for a designated driver ahead of time or have an Uber or Lyft at the ready. (Do people take regular taxi cabs anymore?)
Don’t land in a situation where you’ve drank too much and have no way home. The $40 to Uber for the round trip may seem like a lot but it’s much better than getting a DUI charge which will costs a ton more.
Know Your Rights
Obviously, you can’t be expected to understand the ins and outs of the DUI world like a lawyer. But there are simple rules to follow that will increase your chances of beating a DUI charge once you’ve been pulled over by a cop.
Here it is – don’t blow, don’t talk, don’t walk.
Don’t take the preliminary breath test (pbt) the police offer by the side of the road. Do take the second test offered – be it the blood test or the test where you blow into the machine.
Don’t talk to the cops. Nothing good ever came from talking to the cops. Don’t ever, in a million years, admit to drinking. I promise you will not talk your way out of a DUI by trying to convince the cop you only had two beers.
And finally, don’t perform the field sobriety tests. In the eyes of the police officer, you will fail the tests no matter what you do. Respectfully tell the police officers you do not wish to perform the tests. The tests are designed to gather evidence on you. By not taking the tests, you refuse to give the police officer’s evidence on you. There is no consequence for refusing to perform the field sobriety tests.
Call A Lawyer
Not to sound self-serving, but speak with an attorney immediately if you get in trouble. A good attorney will know the procedure and law and can help you. The sooner you talk to an attorney the sooner the attorney can begin your defense.
Sam Bernstein of ArborYpsi Law is a criminal defense and in Washtenaw County, Michigan. He can be reached at 734.883.9584 or by e-mail at [email protected] ArborYpsi Law is located at 206 N. Huron St., Ypsilanti, MI 48197.
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