Monday, March 10, 2008

A Quick Primer if You're Stopped for DUI

  • You don’t have to say anything to the officer about where you’ve been or what you’ve consumed and they don’t have to read you your “Miranda” rights either for preliminary, roadside questioning when you are first stopped. Just be polite.
  • You don’t have to perform any field sobriety “tasks” although that can be used against you, meaning a jury can be told that fact to imply guilt. These may be videotaped.
  • Nor do you have to give a breath or urine test although that also can be used against you AND this “refusal” to provide a test will result in a DMV suspension for one year (or 18 months if it’s your second refusal, PLUS it’s a misdemeanor if its your second refusal).
  • If you “blow” over the limit (.08 or more blood alcohol level or “B.A.L.”) the DMV suspension is for 6 months. Urine testing typically is for low blows to see if drugs are in your system. Even lawfully prescribed or over the counter medications can cause unlawful impairment for DUI.
  • DMV suspensions begin immediately. Your ticket is a temporary 10 day permit. You must submit a challenge to these DMV suspensions within that time. That will “buy” you an extended driving permit until the administrative review of the suspension is complete, about 5 weeks. If successful, your license is restored pending court action. If not, there’s a 90 day “no drive” period for a first refusal and 30 days on the B.A.L. suspension. After that, you can apply for a hardship permit if you’ve signed up for DUI school and otherwise are qualified.
  • If stopped, consider carefully whether to “help them” collect evidence against you vs. the consequences for not doing so.
  • When in doubt about your sobriety, don’t drive. Take a cab!