Anyone who knows the correct traffic school answers know that driving under the influence is never a good idea. Drinking and substance abuse hinder your abilities, making driving hazardous to yourself and others. The best practice is always to take a cab or stay put if you've been drinking. But to simply say, "Don't drink and drive" is about as helpful as telling people not to have sex but never mention contraception.
If you've had a few drinks and wound up pulled over, the little voice in your head is already calling you an idiot. What you need to know at this point is the best course of action going forward. It's no longer about right and wrong, it's about minimizing the damage.
Best Practices Once You're Pulled Over
- Keep Calm. You know you've been drinking, but the officer probably doesn't. Unless you were swerving, it's likely he/she pulled you over for something different. Remain calm and, if the officer doesn't directly tell you why you've been pulled over, ask what the offense was. It might be something as simple as an expired license plate. Politely respond to the officer's questions and give them your driver's license and registration if asked.
- Do Not Admit Fault. This can be extremely hard to do. There are anecdotes about people who were pulled over and told the officer they "had a drink or two" but the officer let them go. Here's the risk - admitting you've been drinking is the same thing as testifying against yourself if charged. There's very little room to plead Not Guilty once you've already stated that you've been drinking. The tricky part here is that the officer will likely ask you directly if you've been drinking.
- Do Not Lie. If you can't admit fault, most people will automatically lie. This is never a clever idea. Just don't do it. You can refrain from answering; your answer can even be, "I don't want to answer that" which is slightly combative, but still better than lying. Lies can be used against you and will be even more incriminating than an admission because lies make you look guilty and dishonest. The better route is by answering his direct questions with questions of your own or just not answering.
- Refuse Breathalyzer. The only thing you're required to do by law is to give the officer your license, registration, and proof of insurance. You don't have to submit to a search and they can't search your car unless they have cause or are given permission. You do not have to submit to a breathalyzer and, if you've been drinking at all, it's best if you don't. They will likely arrest you if you don't submit to a breathalyzer.
- Refuse A Field Sobriety Test. Field sobriety tests are pretty much only administered to gather evidence for a conviction. They usually won't give you one unless they're planning on charging you, which means that your field sobriety test will only serve to give them more evidence against you. Again, declining a field sobriety test will mean that they'll likely arrest you.
- Blood Test or Breathalyzer. Once arrested, refusal to take either a breathalyzer or blood test will mean a "Refusal" charge. A refusal charge can mean up to a year's suspended license, so it's a better idea to take one of the two tests so that you can go to court on the driving related charge without this secondary charge that carries a mandatory sentence. Most people recommend the blood test, though the breathalyzer is a better choice for someone with other drugs in their system.
- Call a Lawyer. Driving Under the Influence is a serious charge that can have long-lasting repercussions. Consult a lawyer and make sure to tell your lawyer every detail of the night so that they can defend you properly.
Traffic schools and defensive driving courses can be beneficial in cases of a traffic violation. Courses are also an excellent opportunity to take advantage of insurance discounts for drivers who have never had a citation. If you are curious about the regulations and penalties associated with driving under the influence in your state, DMV.org can provide you with more information.
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