The police have the right to pull over drivers if they are suspicions that the driver is inebriated.
If you’re in a traffic stop because the police believe you’re inebriated, there are several things you should avoid doing. Here’s what you should know:
1. Admit to drinking
You may have only had one light drink. So, you may not believe that you are inebriated enough to be charged with a DUI. However, the police may look poorly on the fact that you admitted to drinking. In other words, you should enforce your right to plead the Fifth and avoid self-incrimination.
2. Perform a field sobriety test
You may be asked to demonstrate your inebriation levels with a field sobriety test. A field sobriety test is a kind of physical examination. You have a right to refuse this test. It may benefit you to refuse this test because they’re graded by a police officer’s judgment.
3. Refuse a chemical breath test
Conversely, you may be asked to take a chemical breath test. A breath test uses a small machine that evaluates the blood alcohol content in the body. These tests are often highly accurate. Refusing a chemical test, such as a breath test, could lead to license suspension, fines and incarceration.
4. Use a penny to trick a breath test
You may have heard of a way to pass a breath test even if you were drinking. One such way may be by sucking on a penny during the test. In theory, the breath test would get a false reading and the test would be invalidated. However, in practice, no such trick exists.
5. Try to hide the smell of alcohol with mouthwash
Another way you may try to tick a breath test is by using mouthwash, mints or gum to hide the smell of alcohol. However, mouthwash and other breath fresheners often have trace amounts of alcohol and may increase a blood alcohol content reading.
A DUI can lead to serious criminal charges. Learn about your options for a legal defense strategy.