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Someone close to me was recently handed down a misdemeanor DUI. A lawyer was hired. A good lawyer. What came out of this is that this person had talked a little more than they should of when the cop was asking them questions.

Before I start getting lectures and posts about drinking and driving, there are a number of people that do drink and drive on occasion. That does not excuse the action, however. It is irresponsible and one must realize that it is a bad decision to do so. However, we have all been there are realize after-the-fact that it probably was not the best decision we ever made.

All that aside, when a person is pulled over and asked if they had been drinking and driving and so on, what are you suppose to say? How are you supposed to act? The lawyer’s hands were tied because of the very fact that this person had said some self-incriminating things and it did not help their case at all. I have heard stories about how cops will use little tricks and loaded questions to get you to confess something. How do you counter this?

Again, I know drinking and driving is irresponsible and I am not defending this persons actions. I am simply asking what a person can do to help their case in as situation where they are pulled over.

Thanks in advance for the help
 

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Ive never done it. I dont even drink. So I cant relate. But still, just talk as little as possibly and dont admit to anything.
 

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Step 1 - don't answer questions.
Step 2 - call lawyer.
 

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But still, just talk as little as possibly and dont admit to anything.
Yeah, never admit to anything. If you know you are caught, invoke your right to silence immediately and tell them no more questions until you have your lawyer. Also, a breathalyzer constitutes the majority of evidence in most DUI cases. If you knew you were over the limit, you should refuse to take the breathalyzer, even though it is an automatic license suspension you might avoid the DUI conviction.

I didn't watch the video, but it is good to know your rights. The same 4th amendment rights against illegal search and seizure apply equally to your car as your house. Unless they have a good probable cause, tell them to eff off.

We were on a ski team trip in college and about 100 people got arrested for underage drinking at a party. We had it thrown out on illegal search & seizure.

I'm not against cops per se, i've thought a lot about getting into law enforcement of some kind, but the problem is there are a lot of cops out there that abuse their power. i guess the power trip can go to your head when you are risking your butt every day and only making $35k. But if a cop ever tried to pull something on me, i think it would be fun to make an example of him.

stay safe out there, you don't want to hit any solid objects in a lotus.
 

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That reminds me of the chappelle show.

I plead the fif! I plead the fizz-ith!
 

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The way I understand it, as long as he wasn't Mirandized, none of his statements would be admissible in court. So I assume that he must have rattled on even after being informed of his rights and placed under arrest.

However, I do echo the sentiments of others regarding getting legal representation prior to taking a breathalyzer. Personally, I would probably state to the officer that I am not refusing to take the breathalyzer; however, I would like to have my attorney present to advise me of my rights. I'd think that may circumvent the refusal issue or at least be somewhat exculpatory. I might have to talk to a judge I know around here to see what he thinks. I won't see him until mid-March, though.
 

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basic rule:
admit nothing
deny everything
demand proof
say essentially nothing.
if blah will do, don't say blah, blah!
--from an ex-cop friend.
 

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I thought that the police had to take a blood sample to charge you with the misdemeanor. Also I was under the impression that they only go for the blood test after you have failed their road side assessment.

As for me, I don't drink.
 

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I thought that the police had to take a blood sample to charge you with the misdemeanor. Also I was under the impression that they only go for the blood test after you have failed their road side assessment.

As for me, I don't drink.
Nope, at least not here. From the Florida Statutes:
s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
It is a misdemeanor.

I will say one thing, this area must be the DUI capital of the US (more due to high-levels of enforcement as opposed to us all being lushes:)) as I probably know a dozen people or so who've gotten busted - some are worse than others, but a lot are in the wrong place at the wrong time of night.

BTW, happy 3000th, scottyb!
 

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I thought that the police had to take a blood sample to charge you with the misdemeanor. Also I was under the impression that they only go for the blood test after you have failed their road side assessment.

As for me, I don't drink.
They'll take you in for a blood test (which is usually administered at the station) if you refuse to take a breathalyzer, as is your right. They can take you in solely on the basis of a failed field sobriety test. Say nothing whenever you are arrested for anything other than your name and your wish to contact your lawyer. This comes from my sister, the judge. And she says stay out of her courtroom (Seattle) ;)

Unfortunately, when you're drunk, you can't remember any of this stuff and blurt out the most insane crap, which cops and reality tv producers love!

I don't drink either...anymore.

Drive safely,

Tom
 

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I thought this was very interesting and shows what rights you have. Completely different than what the cop show display.

How to Avoid Being Arrested by Cops.
Not to threadjack, but the beginning of that video reminded me exactly of this:
<object width="425" height="355"><param name="movie" value="http://www.youtube.com/v/x_VixlWsASI"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/x_VixlWsASI" type="application/x-shockwave-flash" wmode="transparent" width="425" height="355"></embed></object>
:D
 

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A true internet classic that is relevant and true
<object width="425" height="355"><param name="movie" value="http://www.youtube.com/v/uj0mtxXEGE8"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/uj0mtxXEGE8" type="application/x-shockwave-flash" wmode="transparent" width="425" height="355"></embed></object>
 

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Step 1 - don't answer questions.
Step 2 - call lawyer.

+1

I think you are also supposed to refuse any tests on the road. Make them take you to the station and hope that you sober up enough to pass the bac levels.
 

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I probably know a dozen people or so who've gotten busted - some are worse than others, but a lot are in the wrong place at the wrong time of night.
Yep. Their only problem was being being in the wrong place at the wrong time - being drunk at the time had nothing to do with it. :rolleyes:

If you know a dozen people who have gotten busted for DUI, then you know a dozen drunks that should not have been driving. Sorry, but it's that simple.
 

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But what if the officer asks if you've been drinking (as in just after they pull you over)? Do you lie? What if your breath smells? Do you sit silently? I've always wondered that (Never encountered it, but wondered what I would do if I was).
 
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