Well… simple, the only way to certainly avoid an OVI or DUI charge is to not drink and drive, request a cab, UBER or Lyft, it’s way cheaper than an OVI. Yes, you are right, we are not giving instructions on how to get away with it by any means, our blog is not intended to condone driving under the influence. But we are making sure you are aware of your constitutional rights. In case you find yourself under the “spotlight” one of these days here is a brief description of what to do:
Please remember to be polite to the officer, after all, they are only doing their job.
If you have an attorney, call him/her, he or she can advise you on what to do at that time. If you do not, try to see one before you forget the facts of the incident.
1. Pull over in a safe place. Try your best to remain calm and avoid sudden movements such as hard break or swerve right or left. Make sure you and the officer can have enough space for a safe interaction.
2. You have the right to remain silent. This doesn’t mean you remain mute, answer the questions but don’t make the officer’s job easier, do not incriminate yourself. Remember, 2 or 3 beers can put you over the limit “-Have you been drinking sir?” “-Coming from a bar sir?” be smart when answering those incriminating questions.
3. You can refuse a sobriety field test and the hand-held breathalyzer test. You don’t have to preform the tests, they are in fact one of the best weapons officers have to incriminate you with the OVI.
4. Remember to be polite. At this point of the procedure, the officer could be a bit agitated based on your refusal to incriminate yourself. Again, he’s only doing his job, try to remain calm. Don’t be the obnoxious guy by saying things like: “I know my rights! My taxes pay your salary!” there is no excuse for rudeness.
5. Once you leave the police station (if they take you there), write everything you can remember about the whole night (or day), it will help your attorney fight the charges against you.
6. Contact a qualified attorney. This could be one of the more important steps, make sure your attorney is knowledgeable about OVI’s, DUI’s and understands you and your goals.