Don’t drink and drive. While this seems obvious, a short scenario may make this more likely. Imagine you have consumed three (3) stiff cocktails in about two hours and think your BAC is under .08 but in reality, you are just over the legal limit (.08 is over the legal limit in IL). Now imagine an even drunker driver than you swerved across the centerline and cause a head-on collision. The other driver is dead. The police arrive and can force a blood draw from you because this is now an aggravated felony DUI investigation because they smell booze on you. You are now being arrested for felony DUI. Not a fun hypothetical so don’t let it happen in real life.
Now instead imagine the same alcohol consumption but you’re being pulled over and there was no accident. Here’s an example of how to avoid a DUI on your permanent record. Here’s a way to reduce the change of having a DUI on your record if you see those blue and red flashing lights behind you-
1. Pull over in a calm, normal manner. Use your signal.
2. Be polite at all times. Assume this conversation is being recorded so always use “yes sir/mam no sir/mam.”
3. The Fifth Amendment to our Constitution gives you the right to remain silent. Excercise it. Do not admit to consuming any alcohol because these words will only be used against you and increase your chance of being charged with a DUI. Instead of lying about drinking or where you’re coming from or going to, the better approach is saying something like “my attorney told me not to answer questions like this”
4. If the cop asks you to step out of the car, do so. Otherwise you risk additional charges like obstruction of justice. Also, be prepared to give your driver’s license and proof of insurance. Respectfully comply to legitimate requests.
5. Do not agree to do blow into a breathalyzer or to complete Standard Field Sobriety Tests (SFST). Instead, politely decline (“no thank you”). Back at the station, the officer may threaten you to blow or risk your license becoming suspended and spend the night in jail. Remember that the breathalyzer back at the station is the best evidence they can use against you so why help them convict you? And if you hire an attorney, you may be better able to be the DUI and the suspension of your driver’s license if you’ve not given the police any evidence that will hold up in court.
It’s not worth it to drink and drive. But if you have been treated like a suspect, always remain polite and respectfully say only these three words when being asked for admissions to drinking, SFST or chemical tests:
No. Thank. You.
If you have been charged, get in touch: www.lblf.com/ 618.993.2222