- If you are pulled over by the police via a traffic stop or at a sobriety checkpoint, give the officer your license, insurance and registration if requested.
- Be polite and courteous. If you have been drinking, have any drugs, even prescription drugs, in you, or if you have committed other crimes, then do not say much. Every single word you say will be used against you. For example: Question–“Where are you coming from?” Answer: “Joe’s Bar.” How much did you have to drink?” Answer: ” none, one, two etc.” None of those responses do anything but hurt you. They will all be put in his report as proof that you are drinking and driving. Instead, ask the policeman why did he stop you, followed by asking if you are under arrest. If he then says you crossed the center line, or some other traffic infraction, then simply say you were distracted, let him write the ticket, and go about your business. More typically, he will say that he smells alcohol, or ask you to take a field sobriety test. A better response would simply be to say that the Fifth Amendment states that you do not have to say or do anything else until you have talked to your attorney. The most recent law by the U.S. Supreme Court says that the Fifth Amendment does not prevent the district attorney from arguing that you refused to answer, and that is an inference of your guilt. You MUST use the words “Fifth Amendment” when refusing the answer in a non-custodial, or pre-arrest scenario. The police might then arrest you, but you were going to be arrested for drunk driving anyway. Do NOT believe anything he says to you. His job is to make as many arrests as he can on his shift. It is NOT to determine who is innocent or guilty.
- Ask to call your attorney. They will say no.
- If you have been drinking, there is a high likelihood that you will fail the breathalyzer test. Refuse to blow. If you decide to take the test, and by some chance pass that test with less than a BAC of .08 reading, they will probably ask you to take a blood or urine test for other drugs other than alcohol. If you have medications (painkiller narcotics or mood altering drugs like Xanax) or illicit drugs in you, refuse that test also.
- If they get a warrant to take the blood test then you have no choice but to submit, but make it clear that your submission is not with your consent.
- Never give them permission to search your car, house, or anything. Make them get a warrant.
- Park your car in a public spot so they do not have to tow it, which gives them permission to do an inventory search, which will turn into a full-blown search without your consent. Lock your car door.
- DO NOT BELIEVE ANYTHING THE POLICE TELL YOU. THE SUPREME COURT SAYS IT IS OK FOR THEM TO LIE TO YOU-AND THEY WILL. THE POLICE ARE NEVER THERE TO HELP YOU. THEY ARE THERE TO ARREST YOU.
- Helping you fight a DUI charge is our job. Call Bates and McMillin at 985-643-0316 for a free evaluation of your case.
- REMEMBER-SILENCE IS GOLDEN. HANDCUFFS ARE SILVER.
Call 985-643-0316 if you were arrested for DWI in any of the following parishes:
Call 504-259-7461 if you were arrested for DWI in any other parish in Louisiana, including: