What should you do when you've been stopped by the police for suspicion of driving under the influence

In Kentucky, Police stop vehicles for many reasons, not just for suspicion of DUI. But if you had been drinking or under the influence of a drug, then you need to do several things to increase your chance of being found innocent.

First, call a criminal defense attorney if possible. Some officers will cooperate with you and allow you to speak with an attorney if you inform the officer that you need to understand your rights.

Listen to the instructions from the officer and do not be rowdy, disruptive, aggressive or physical towards the officer. Do not give the officer grounds to arrest you because of your behavior. Be polite and respectful (they will appreciate the respect and may return the favor).

Do as little as possible and do not volunteer information. You will have to provide your name and present your drivers license, registration and proof of insurance. But you can stop there. Note that anything you say before the officer places you in custody can and probably will be used against you. According to the court in Miranda v Arizona, you have the right to ask for an attorney and remain silent when in police custody. Miranda applies ONLY if the officer asks you questions when in police custody. Note that not all traffic stops rise to the level of being in police custody: in these cases, the police may ask you questions without having to invoke your Miranda rights and then can use your statements as evidence against you. If the officer follows procedure, they will probably write down everything you say for the prosecutor to use. Therefore, be safe and invoke your right to remain silent: you do not have to answer questions such as how much you had to drink or if you had been smoking marijuana. You do not need to confess to the officer that you believe you are intoxicated or impaired.

Furthermore, the officer may demand that you take several “field sobriety” tests if the officer suspects you of driving under the influence. The officer intends to collect evidence against you using the field sobriety tests. The field sobriety tests commonly administered in Kentucky include the walk and turn test, the one leg stand, the horizontal gauze Nystagmus test, and a portable breath test. However, in Kentucky, these tests are voluntary: you can refuse to take these tests. A word of caution: be polite and respectful to the officer should you decide to refuse these tests.

In Kentucky an officer can arrest you based solely on his opinion as to whether you drove the vehicle under the influence. Should the officer decide to arrest you, they will transport you to a detention facility. There exists a good chance that the officer will record your voice during transit. Be aware of this fact and do not answer any questions in the police cruiser. You need to remain calm and quiet even if you believe the officer wrongly arrested you.

Once at the detention facility, the officer will again request that you submit to a test of your blood, breath or urine. All drivers operating a vehicle in Kentucky impliedly consent to submit to these tests. The officer should thereafter read you an implied consent form, which essentially states that that you have 20 minutes or less to contact an attorney for legal advice and that he will permit you to obtain an independent blood test (at your expense) if and only if you cooperate and submit to the requested blood, breath or urine tests. Should you decide to refuse to take the test, Kentucky law will presume guilt and increase the penalties levied against you should you later decide to plead guilty or if a jury finds you guilty. Remember, do not volunteer any information to anybody except for your attorney. Some Kentucky jailers record all conversations inside the detention centers and on the telephone. Any statements you make against your interest may be used against you at a trial of the matter.

Post by Lexington Criminal Defense Attorney Stephen J. Isaacs, Isaacs Law Office.

The United States Court in Miranda v. Arizona, 384 U.S. 436 (1966) held that statements made by a defendant during interrogation and while in police custody are admissible at trial only if the police had previously informed the defendant of his right to counsel with an attorney before and during questioning and of the right against self-incrimination before questioning by the police. The prosecutor could thereafter use at trial any voluntary statements made by the defendant. The Miranda court based its decision on the Fifth Amendment right to counsel and the right to remain silent.

Comments

[arizona home insurance]

In Arizona we have one of the toughest DUI laws in the country. It's a major pain if you get caught here.

[milakunis]

the police had previously informed the defendant of his right to counsel with an attorney before and during questioning and of the right against self-incrimination before questioning by the police.

Best Attorney

[pevonaoki]

Wow, most excellent tips dude. Well done. Thanks for the great tips.

Best Attorney

[David Michael Cantor – Arizona DUI Lawyer & Criminal Defense Attorney]

Thanks for the post. It was very informative.