FIND A SAFE PLACE TO PULL OVER. The officer will make an initial judgment by watching where and how you pull over. Try not to be nervous and try to appear relaxed.
KEEP YOUR HANDS VISIBLE. The officer is probably nervous that he could get shot. Don't add to his stress
BE POLITE. The officer has a lot of discretion and power. He may allow a friend to pick you up or may even drive you home himself. Don't make him angry.
DON'T TALK YOURSELF INTO JAIL. You must provide the officer with your identification but you do not have to answer questions like "Have you been drinking and when?" or "How much have you had to drink?". Politely tell the officer that you have been advised not to answer questions like these. If you do answer, they can be used against you. Best policy is to keep your mouth shut.
DECLINE THE FIELD SOBRIETY TESTS. Normal human mistakes or even nervousness will be exaggerated in the eyes of the officer and will be used to justify the stop.
TO TAKE OR NOT TAKE THE PBT. Results may be unreliable and inadmissible in Court but the Prosecutor will try to use them against you. If you are involved in an injury accident you should always decline. Refusal is a civil infraction, however if you are borderline over-the-limit and take the PBT, the officer may let it go without arresting you.
TAKE THE CHEMICAL OR DATAMASTER TEST. If you are arrested, you are required under Michigan's Implied Consent Statute to take a chemical test. Refusal results in a mandatory 1-year driver's license suspension.
TAKE THE DATAMASTER BREATH TEST. If you have choice, agree to a DataMaster Breath Test rather than a blood test. The results of the breath test are much easier to challenge.
RETAIN COUNSEL IMMEDIATELY. Drunk Driving is a serious offense. Your privilege to drive, your insurance rates, whether you go to jail, are all on the line. An experienced lawyer will help protect your rights and work to reduce the impact a charge may have on your life.
Whether it is representation in a legal matter or just some legal advice, Schmierlaw can help. We specialize in Criminal and Drunk Driving Defense and can help you with any sort of legal issue which may arise including Felonies or Misdemeanors, Drunk Driving, Traffic Tickets, Juvenile Offenses, or any other legal concern which you may have.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: email@example.com