I am not an attorney, some of the information below my be different that what an attorney might advise. I recommend that you consult with an attorney.
Our position is not that you SHOULD drive over-intoxicated. Our position is that you SHOULD not be stopped and questioned without cause. Please drive safely and call a friend, cab, or parents if you need a ride home.
I have only 1 point with 3 sub-points.
- Don’t say anything.
- Sure you feel like a jerk saying that you won’t say anything without the presence of an attorney but then again, you were just trying to get home when you were stopped without cause… who’s the jerk?
It’s your constitutional right to remain silent and you may do so from the very instant you interact with a police officer; do not wait to remain silent until you are in handcuffs. (unless the cuffs are fuzzy, then talk… moan… whatever.)
Our good friends at motorist.org, the National Motorists Association, have a great page on the topic of checkpoints and I recommend you check it out. The big takeaway is their recommended script for the Assertion of Rights. I recommend you read and understand your rights, print it out and take it with you. I made a copy for you to download.
Also note, your spouse has spousal privilege that may also protect you if they remain silent… but your friends do not, it’s a good idea that everyone riding with you understands their rights and is willing to exercise them so they are not later forced to testify against you.
- Now you may still be wondering why you should not say anything, besides you only had one drink right? I don’t encourage people to lie, that could get you into trouble… but I do encourage people to not say anything because that can only help you. If you have more to say, what’s the rush? Just have an attorney present to assist you… it’s that simple.
Watch this video it’s 49 minutes of your life that will save you time in the slammer, money, and will offer piece of mind when you are exercising your right to remain silent.
- Finally, you may be asking… does this really work? Aren’t I obligated to answer questions? Yea right, they are just going to arrest me.
You are always at risk of being arrested if you are breaking the law… so if you don’t want that risk, don’t break the law. However, you also have the right to remain silent. Doing so can only assist in your case, remember you can always answer questions AFTER speaking to an attorney.
It’s really very simple… just shut your mouth, like this guy at a Las Vegas checkpoint… (short video)