Mississippi DUI Defense Attorney How To’s: How to Avoid a DUI This Summer
June 16, 2008
Mississippi Highway Patrol and local police and sheriff’s departments will be stepping up DUI enforcement over the summer. Law Enforcement agencies usually begin ramping up their DUI arrests around Memorial Day weekend, and usually contiue through Labor Day weekend.
If you want to avoid being convicted for a DUI here in Mississippi then memorize these tips. They may come in handy and if you are pulled these tips might help you when you speak to a DUI lawyer about your ticket.
1. If you drive during the summer holidays, and you plan on having a cocktail or two, make sure you know where your license, registration and proof of insurance are. Police historically write in their DUI reports (putting only facts that harm you in them) that the suspect “fumbled for his wallet” and couldn’t find his registration. They use this to try to show you were impaired. Be prepared.
2. When you get signaled by the officer to pull over for a DUI assessment, do so immediately and safely. Roll down your window and put your hands on the steering wheel. Don’t get out and don’t say anything.
3. When the officer comes up to you and asks asks “Do you know why you are being pulled over”, remember you don’t have to answer and you shouldn’t answer his question. What a dumb question! He knows why he is pulling you over. He is pulling you over to assess you for drunk driving, and he’s using the fact that you might have committed some minor vehicle code violations as an excuse. Don’t make any admissions to him. Just say “no”!
4. The next question the officer is likely to ask is, “Have you had anything to drink tonight.” Remember your rights? You are not required to speak to officers. I know, I know, you think, “But if I don’t talk to the officer, he will be mad.” Let him be mad. You are not at a social gathering; he is not invited to your New Year’s day party. So don’t worry about how he feels. He is collecting evidence against you. Don’t give him any. It is best to say, “Officer, I appreciate what you do for a living, but I don’t wish to answer any of your questions.” You do NOT have to answer. The less from you he gets, the better for you in the long run. He is gathering evidence. But, you say, maybe he will let me go if he knows I’m being honest with him. NO. Most people who are pulled over and have alcohol on their breath get arrested. It’s just a fact of life. Don’t give him anything to put in that report that he can use against you later.
5. He may then say, “I’d like you to complete a series of tests for me.” Again, let him know that you do not wish to participate in any tests. You are not required to comply. Officers try to give a series of field tests to determine if you are impaired. I have NEVER known any officer to do these as per the standardized protocol. Cops learn how to do these, and then promptly forget them, making up their own “tests.” Do not do them. Do NOT let the officer collect more false “evidence” against you. Just reiterate that you do not wish to perform and tests. It’s your right.
6. The DUI investigation officer may then tell you he wants you to take an in field breath, hand held, breath test. Do not take this “test.” It is unreliable, and regularly exhibits blood alcohol numbers higher than what you really are. The cop really, really wants you to do this now, because you have made no statements, and you have refused his field “tests.” He wants this badly. He NEEDS some evidence. Do not do it. You are NOT required to blow into the little hand held machine.
7. The officer will most likely arrest you, cuff and take you downtown. You will then be given the chance to blow into the “Breathalyzer”. It is up to you whether or not you wish to blow. However, you should be aware that if you do not blow then you are guilty of violating the Mississippi Implied Consent law. This is a civil law and not a criminal law however. If you do not blow then you will automatically lose your license for 90 days. However, this is not the same as a DUI. You can be guilty of violating the Implied Consent law but NOT guilty of a DUI. If you choose not to blow and have followed these tips then the officer will have little evidence of to prove that you were intoxicated. This doesn’t mean that you will be found not guilty, but it can help your chances.
A few pointers: If you are still absorbing alcohol, the breath test will read high. It is also an INDIRECT measurement of blood alcohol level.
You that you, or your DUI lawyer, must call the Department of Motor Vehicle within ten days of the arrest to secure a hearing to determine whether or not the DMV will take your license. Do not miss this deadline or you will be suspended automatically.
So, be careful. Don’t drink and drive if you can help it. Drive safely. Don’t talk to cops. Be polite, but do not let them gather inculpatory evidence against you. And when you get home call a Mississippi DUI Lawyer.
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