It’s not always in the best interest of someone to be free and open in conversing with law enforcement. Submitting readily to a breathalyzer test, car searches etc no matter how innocent you may be is not always the best choice in the legal world.
There are some older videos (Don’t Talk to the Cops) for example that show how easy it is to get embroiled easily in a seemingly innocent situation. Especially with kids.
Recent thoughts or words of wisdom?
An oldie, but goodie.
I’ll reply more later, but in the interest of full disclosure, my son is a law enforcement officer.
Never let them in house.
Never let them search your car.
And if for some reason they bring you to the station do not talk to them without a lawyer.
Cops are not your friends. And while there are plenty of good ones out there, there are enough bad ones that can mess up your life totally.
Won’t go into much detail but in most states when you sign for your driver license you agree to take the intoxilizer (breathalizer) test or blood draw as a condition of receiving your license. Refusing to take the test results in suspension of the license and is a violation of the agreement you made when getting the license. Even if you are arrested and found not guilty it will not help with the suspension. That agreement is a civil matter and the suspension is a civil penalty, not a criminal one.
True. Just saying the most recent recommendation
The video “Don’t Talk to the Police” (beebee3) is well worth the watch. It’s a bit long but fascinating and worth your (and your family) time. You won’t regret watching it.
Roughly half of the U.S. has a version of a “stop and identify” statute. For non-traffic stops providing only your name meets the legal standard.
Generally a driver that is stopped by police is required to provide their license when asked.
As @total1096 stated, most, if not all states have an implied consent law that is tied to your state issued driver’s license. A driver can refuse a pre-arrest breathalyzer test, but will likely face immediate penalties like fines, or a license suspension. You can still be arrested for DUI/DWI/OUI, and your refusal of the test may be used against you in court.
If you get pulled over, and the officer asks you to step out of your vehicle, you are required to comply.
DH was just foreman on a jury for a drunk driving case where the driver refused a breathalyzer. Refusal to do a breathalyzer can’t be considered in the discussion/decision of the jury. He said it was the smartest thing the defendant did. It’s very hard for the state to prove you are beyond the legal limit if you refuse the test.
If you’re comfortable sharing, what state was this in?
In the state I worked in if the person refused the test but was arrested we would just get a warrant and take blood. In the county I worked in the paramedics were deputy sheriffs so someone was readily available to get the blood 24/7.
Not really sure that was an optimal solution. Drunk driving is a serious problem in the US and endangers us all. So another driver got away with it.
Isn’t initially refusing to be alcohol tested often an attempt to stall in order to let one’s blood alcohol level drop? I would imagine prosecutors are allowed to extrapolate what the BAL was at the time of arrest??
It’s a way to stall for some. There are other ways to stall, but I’m not putting them out there on the internet.
My former law partner represented a lot of defendants in traffic tickets – speeding, faulty headlights, that sort of thing. His main advice about those situations was, “Don’t p*ss off the police officer.” He wasn’t suggesting that someone admit to anything or allow anything, but rather just be polite and respectful to the police. And, if you really were speeding (certainly a good deal over the limit), just admit it and don’t argue with the police.
When I have been stopped for speeding, I usually have been; and when the police officer tells me, “I clocked you going X miles over the speed limit,” I most often say, “That sounds about right.” Sometimes it surprises the officer that I am not going to give him a hard time.
I’m sure common courtesy goes a long way, at least most of the time.
(Former) Criminal defense attorney here. Yes, consent for breathalyzer is implied with license etc, but driver can request a hearing where the state has to show reasonable basis that driver was impaired and, if driver blew over the legal limit, whether the test was properly administered. A lesser burden of proof, but something. Problem is most people do not consult with Counsel promptly.
Edited to correct hearing must be upon request. Clearly I’m rusty.
(Former) Criminal defense attorney again.
In my jurisdiction, the refusal can be considered.
Until you are the victim of a crime.
In MA a breathalyzer refusal will result in an automatic 180 day suspension at the very least.