Facing a field sobriety test on Tybee Island
It is never advised under any circumstance to drive while under the influence of intoxicants. You’re just asking for trouble. Police officers are trained, ready and willing to spot and pull over drunk drivers for the safety of the community. They’re aware of those late night college parties at SCAD and aren’t afraid to put up DUII road blocks to test the pool for drunk drivers.
If you’ve been drinking – even a little bit – and are pulled over by a police officer or see a DUII road block up ahead in the distance, here are some tips to remember:
- Should you encounter a roadblock, do not turn around. Roadblocks have been determined constitutionally legal by the courts, so arguing against them as your defense isn’t a reliable strategy. And since usually police set up “chase” vehicles to track down anyone they see “avoiding” the block, you’ll surely get stopped and likely arrested. Your best bet is to drive forward toward the roadblock.
- Don’t roll your window down all the way. The officer might ask that you roll it down further, but remember this is a request not a demand. As long as you can hear the officer and he or she can hear you, there is no legal reason why you have to roll your window down the full length.
- You don’t have to partake in field sobriety tests. Technically, under the law you don’t even have to exit your vehicle. Nine times out of 10 you will be arrested for these maneuvers, but refusing to take a field sobriety test when you know you’re under the influence of alcohol will help your attorney with your defensive measures.
- Don’t answer any questions. It’s your legal right not to answer their questions. Remember that anything you say can and will be used against you, never for you, so keep your mouth quiet.
- And remember, even though you will likely be arrested for any or all of these procedures, it’s still important to exercise your rights. As soon as you’re released the next day, contact me so we can go over your case. This strategy is better than the alternative because a DUII conviction will remain on your record for the rest of your life and cannon be expunged. This will raise your insurance rates, make getting a job supremely difficult, and possibly lead to losing your driver’s license.
Finally, I never condone drinking and driving. It’s always better to call a cab or designate a driver. But should you get caught and arrested, contact my office today.