What Not to Do If You Have Been Pulled Over by the police After Drinking
You have been drinking and driving and now the police have pulled you over. What you do in the next few minutes could have long term repercussions.
CooperateChallenging the police officer, acting confused, not listening, being impolite is a sure fire way to get charged. The police officer has arrested countless people. Stand out from the crowd. Be polite. Listen and cooperate. Will this prevent you from being charged...no. But you were probably going to be charged anyway. The Police have discretion to make matters worse by adding additional charges including citations. These can add up to hundreds of dollars and points on your license. The nicer you are the less likely this will happen. Plus, at some point the DA might be considering a deal for you. The first thing they will do is ask the police officer how you behaved. The police officer WILL remember the people who were cooperative and polite. Be that guy.
Don't talk when possibleMiranda warnings. We have all seen them on TV. Most people don't understand that they only apply if there is custody AND interrogation. Many times the police officer will not give you your warnings and just stand quietly near you. More times than not, you will just blurt something out that you will regret later. Answer the questions about your name, address and date of birth. Just keep quiet about what you did and your remorse. You can be sorry later. Don't volunteer information.
Don't refuse a test!People in Pennsylvania think that if you refuse a blood or breath test it will avoid prosecution for DUI. It won't. What it will do is add an additional year's driving suspension. Refusing a test is an automatic 1 year driving suspension in addition to any suspension for DUI. In Pennsylvania there are 3 tiers of DUI based on your BAC. If you refuse, they automatically put you in the highest tier which you might not have been in if you had taken the test. In addition, if the police officer can testify that based on their education, training and experience they can form the opinion that you were 1) under the influence of alcohol, 2) to such an extent that it rendered you incapable of safe driving, they can convict you without a test. Being that you are looking at a worse case scenario if you don't take a test, take the test! You have nothing to loose.