Submitted by JJX on Mon, 06/15/2009 - 08:32
I love your website. I do not drink and drive, other than an occasional after work (one drink) before coming home, but last week (after that one drink) some co-workers and I were arguing over the different information we have heard about what to do and what not to do if we get pulled over after having a drink. Any thoughts?
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Editor's Response
This question seems to be a frequent topic of discussion around the water cooler (and beer tap). I would guess that the majority of attorneys who do DUI or OUI would make the following recommendations: (1) You should be polite and produce documents when asked by the police; (2) You should not answer questions other than to give your name and address: (3) You should not agree to do a road-side field sobriety test (even though you will be arrested if you refuse); and (4) You should not agree to participate in a breath test using the handheld or portable breathalyzer some police forces use.
As to the question of breath and/or blood tests after you are arrested and taken to the station, most criminal law attorneys say do not take one. Others say do not take it unless you KNOW you will pass. Massachusetts law provides for an automatic suspension of your license if you refuse the test, but you can appeal the suspension and may be eligible for a hardship license. Good luck, and please tell your friends about The Forum.