When you hear the siren of a police car or see flashing red lights in your rearview mirror, the sudden sense of panic you feel if you have been drinking is normal. If you have never been pulled over and asked to submit to a DUI investigation, your impressions of what will follow may be largely derived from images you see in the news or television shows. These depictions almost always show the person stopped failing field sobriety tests (FSTs) and/or a roadside breath test and being hauled off to jail.
Certainly, many stops of intoxicated drivers do proceed this way, but there are also many drivers that simply drive home. The actions you take and statement you make when you are stopped for DUI in Kansas can have an enormous impact on whether you are arrested as well as the prosecution of your case. Experienced Kansas DUI attorney Stacey Schlimmer has provided a number of tips that can reduce the risk of arrest and provide a foundation for effectively challenging DUI charges. This is Part I of a two-part blog offering tips for those stopped by the police that are designed to help keep you out of jail and to protect your driving privileges.
Do not provide information about your activities to the officer.
Many motorists feel compelled to cooperate with the police officer under the premise that the officer may “cut me a break” if I am honest. If you have been drinking, honesty absolutely is not the best policy. This does not mean you should be dishonest or lie because this could eventually make your situation worse. However, you are not compelled to tell the officer such information as:
Ask the officer whether you are free to leave or under arrest.
While the police officer will probably not allow you to drive away, these questions may trigger certain Constitutional rights and protections. If you are “under arrest” or “in custody,” you have a right be Mirandized concerning your right to counsel during questioning and right against self-incrimination (right to remain silent).
If you are arrested for DUI in Kansas, drunken driving criminal defense attorney Stacey Schlimmer diligently defends the Constitutional rights, freedom and driving privileges of her clients. We will carefully evaluate and raise appropriate challenges to the legal basis for your stop, police officer observations, any field sobriety or chemical blood alcohol tests and other applicable defenses. Our DUI defense law firm offers a confidential free consultation so call us today at 913-219-5424 or contact us online.