Driving under the influence (DUI) investigations are full of more tricks designed to get you arrested and  get lots of bad evidence against you.  Here are some DUI Don’ts in case you are stopped.

Decline the Q&A

Of course the officer can ask you for your license, your insurance and your registration. However, you do not have to get into a question and answer session with the officer.

For example, the office will ask, “Where are you going?” and “Where have you been?” and most certainly “Have you been drinking tonight?” For some odd reason, hundreds of my clients have answered that last question by saying “Yes, I have been drinking, but I only had one beer.” Officers will inevitably record that in their report and compare that to the speeding/weaving/running stop sign reason for which they stopped you. It is far better to say “I respectfully decline to answer that question.” Trust me, it sounds better in a courtroom.

Don’t perform roadside manuever tests

The law states that these tests are voluntary. If officers actually tell anyone that they are voluntary then they must be affected by a serious mumbling speech defect.

It’s all right to tell the officers that the tests are slanted and unfair, and for that reason you politely and respectfully decline to perform them. Just keep in mind that refusing a roadside examination can result in the admission of that evidence into a trial against you.

I had one client who told the officers that he would perform the test. Then he told the officer that first he wanted to perform a test of his own!  He then performed a perfect back flip. I am sure that the officer was surprised, maybe even impressed, but when my client failed the other roadside maneuvers, the officer arrested him.

An important note: If you refuse a chemical test of your blood or breath (the latter often referred to as a breathalyzer test), you will lose your driver’s license for up to a year.  I’ll be writing about the refusal of chemical tests in my next blog post.

Don’t try to be funny

Everything that you say to the officer will not only end up in a report, it will also be admitted into evidence against you during your trial.

I had one client who had multiple DUI convictions. He was stopped, arrested and taken to the sheriff’s office. He elected a breath test. The female deputy told him to put his lips around the breathalyzer intake unit and blow. My client told her that she should also give a breath sample, except he used more colorful and explicit language. He thought it was pretty hilarious. After a jury convicted him, and after the judge sentenced him to jail, he didn’t think his wisecrack had been all that funny.

Denver DUI lawyer Shaun Kaufman has successfully handled countless DUI and driving while ability impaired (DWAI) cases from beginning to end over his nearly thirty years in the criminal justice system.  He has also heard some funny, and no so funny stories, along the way.  If you are looking for a DUI lawyer, Shaun promises to care about your case and work hard to get the best results possible. Contact Shaun at 303-309-0430 any day of the week, holidays included, or fill out the contact form on the right of this screen.