If you drive a car for any period of time, chances are good that you will be stopped at some time by a police officer. If the cop suspects that you have been drinking, there are five things he/she will NOT tell you during their detention:
- Once they smell what they believe to be alcohol, they are like sharks smelling blood. Their focus becomes ENTIRELY on forming an opinion that you are driving under the influence DUI.
- Police ask you if you have been drinking for two reasons: if you deny drinking and later it is determined that you have been drinking, they use your denial against you in court; If you admit drinking they can also use it against you in court.
- They will not tell you that the Field Sobriety Evaluations will be used against you as evidence to prove you guilty of DUI.
- They will not tell you that the portable breath test (alco sensor) on the scene gives the officer a numerical readout of your blood alcohol level. Using that number allows him to form an opinion that you should be arrested for DUI.
- They will not tell you that if you take the State breath test and register above the legal limit (currently .08 grams/210 liters), you are automatically deemed DUI and the burden shifts to you to prove innocence.
While you need to cooperate with the officer in giving them your license and following instructions to get out of your car, you do NOT have to provide evidence which they can use at a later date to convict you of DUI. Remember that DUI is an opinion crime: the officer forms an opinion based on his interpretation of the evidence. Keep these points in mind if you are stopped by the police; if you are arrested for DUI or any other serious traffic violations, contact MRGADUI. You can also connect with attorney Mickey Roberts on Facebook, Twitter, and Google + for the latest DUI news.