Las Vegas, NV- Chances are at one point in your life, police are going to pull you over because they suspect you of being drunk. If you have the misfortune of being pulled over, there are things you can say or do that could mean even more trouble, so you need to know what you should do if you are pulled over.
First, when you see the blue lights try not to panic. Anything you say or do can affect your charges and the penalties you face, so you need to be respectful of police and say as little as possible. If you are nervous, try to contain it since police officers view nervousness as a sign you are doing something wrong or have something to hide.
Upon approach, an officer is going to ask you: Have you had any drinks? Or, how many drinks have you had today? How you answer either of those questions will dictate how the rest of the stop goes. Even if you say “No,” you could find yourself being locked up.
First, you need to know your rights. If you have been pulled over, you aren’t under arrest, but you aren’t free to take off. Technically, you are being detained which means you aren’t allowed just to leave, but you have not been formally charged. And because you aren’t under arrest, police can ask you whatever they want without reading your Miranda Rights.
If you were drinking before your arrest, you might be tempted to lie, but lying just end up making things worse if you are charged. One the other hand, if you answer truthfully, you could end up spend the night in jail. Should you find yourself in this situation, Forbes recommends you assert your Fifth Amendment rights. Doing so won’t end the traffic stop, but it might end the questioning.
Even if you plead the Fifth, you will still have to submit to field sobriety tests. You can refuse these tests, but doing so has a separate set of consequences, so you need to think carefully before deciding not to participate.
On the other hand, not refusing gives law enforcement more evidence that can be used to prosecute you. The results from breathalyzer or a blood test will give proof of intoxication. These test results can be challenged by an experienced attorney, and you may avoid conviction. In some instances, you may better off if you refuse field sobriety tests like if you had a very high blood alcohol concentration.
If you have the misfortune of being arrested and charged with a DUI, USAttorneys recommends you contact a DUI lawyer in Nevada as soon as you are able. The sooner, the better. A DUI lawyer is you best chance of avoiding a DUI conviction and avoiding the long list of penalties associated with it. Contact one of USAttorneys’ DUI lawyers near you and set up a consultation.