Getting Arrested for Drunk Driving
How to Handle an Arrest with Dignity
Let’s face it; there is no good way to get arrested.
There are, however, several bad ways to get arrested. The following is intended to help you get through the experience with the least hassle and, of course, to help you avoid picking up additional charges along the way.
Drunk Driving Arrest as an Example
There are myriad reasons why an officer may arrest you, and things get hairier depending on the severity of the reason the police want to place a shiny pair of matching bracelets on you. So, for simplicity’s sake, let’s say you find yourself on the other side of the law for some minor reason, like being pulled over on suspicion of drunk driving.
In establishing probable cause for an arrest, the officer will consider any driving mistakes and your performance during a standardized field sobriety test.
If you get arrested, things will be hectic, frightening, and confusing, so here are some simple tips you should memorize for when the time comes.
Know Your Rights
Nearly everyone knows their Miranda Rights, that paragraph of speech police officers rattle off when they put someone in the back of their cruiser, as seen so often on TV shows. But let us take a moment to review these rights.
You have the right to remain silent:
Besides showing your driver’s license, proof of liability insurance, and registration and giving your name, you don’t legally have to answer any questions the police have for you. You can sit tight-lipped until your lawyer arrives, and, as a general rule of thumb, that may be your best bet.
Because anything you say can and WILL be used against you in a court of law:
It means that anything you utter can be brought up in court and used against you.
You have the right to an attorney. If you cannot afford an attorney, one will be provided for you:
This one is pretty simple; you have the right to legal counsel before answering any questions the police may have for you. In some severe cases, waiting until you can speak with an attorney before admitting to anything is a good idea. If you can’t afford to hire a lawyer, you have the right to speak with a Public Defender, who is a lawyer who works on cases for people who can’t afford their own lawyers.
The Implied Consent Law
If an officer arrests you on suspicion of drunk driving, they will remind you of your legal implied consent obligation. This obligation means that if the officer asks you for a breath or blood test to measure how much alcohol is in your blood, you must comply. Otherwise, you risk losing your driver’s license. You don’t have the right to legal counsel before this test.
Do NOT Resist
In most states, you can be charged with resisting arrest by simply wriggling around while an officer is trying to place the handcuffs on you. To avoid picking up an additional charge, follow orders the police give immediately and smoothly.
If a police officer tells you to put your hands up, it’s in your best interest to do so immediately. The longer you hesitate, the more tense things become.
Police officers have a difficult job; they put their lives on the line every day, and more often than not, they’re walking into situations blindly, not knowing what kind of danger or resistance they’ll find. DON’T make it challenging to arrest you. Resisting only makes things worse.
Every police officer in America carries OC or Mace (that lovely item known commonly as “pepper spray”), and trust us; it is no fun getting maced. On top of that, nearly every officer now carries their own Tazer, which is no fun to contend with. It sends an electric pulse through your body that renders you incapable of controlling your muscles, which usually leads to a quick fall. Please don’t give them a reason to use one of these on you; you’ll surely regret it.
Save it for the Judge!
As for regrets … Don’t air your side of the story to the officers taking you into custody or any nearby bystanders – you have a right to remain silent, remember? Well, now would be the time to utilize that right.
The officers cannot drop the charges set against you on the spot. Telling your side of the story now is a waste of time and can only serve to hurt your case later in court (remember, anything you say can and will be used against you in a court of law). To top it all off, if you give voice to your side of the story loudly enough, you could pick up an additional charge of disorderly conduct. So, in short, save it for the Judge.
Remain Amiable, Calm and Dignified
Getting arrested is stressful, particularly if you’ve never been arrested before. Being arrested for drunk driving doesn’t automatically mean you’re a terrible person. Try to maintain an air of dignity for yourself. Once the cuffs are on and you’re seated in the back of a police cruiser, don’t turn into a dirty-mouthed thug.
Once you’re at the station, the officer will offer a chemical test of breath, blood, or urine. Blood or urine samples are sent to a lab for later analysis to determine the BAC or possible presence of drugs. Then, expect to sit idle for some time.
Police stations process thousands of forms daily; your paperwork only adds to that workload. The process of fingerprinting, checking in, and assigning a cell can take up to two hours or more, depending on the city’s size. In the meantime, be amiable. Giving the fingerprint clerk a hard time won’t help your case, so try to stay friendly. Above all, remain calm.
Being Charged with Drunk Driving
If a test concludes that your BAC is not at or above the legal limit of 0.08%, the officer will probably release you without any charges. Just remember that they can charge you with drunk driving even if your BAC is below .08 and solely on the officer’s observations of your driving behavior and performance on the field sobriety tests, etc.
If you gave the officer a hard time from the beginning, they are more inclined to use these observations against you. If you can stay calm, you’ll keep your dignity, and the sooner you can write the whole thing off.
hi my name is cabrina jefferson all my life i do not want to be drinking at all if somebody wants me to drink and driving i will not do it forothers life and my life my mom and dad had teach me better then that i know whats right and whats bad for me she always say get what you need not want you want