Holiday Driving

Holiday Driving

Posted By Richard Middlebrook on Dec 22, 2009 7:21am PST

By now, most of us are aware that law enforcement will be out in force during the holiday season in an attempt to cut down the number of DUI Drivers. It is always best to look for a designated driver BEFORE heading out this season. However, if you are stopped for DUI here a few simple suggestions to remember:

Always be polite

Deciding to reenact all those movies where Vin Diesel mouths-off to cops is probably a bad decision at this point. Most officers will be stern and direct. They are taught to keep "control" of the situation; Not to look weak. Challenging that, rarely benefits you. They have a plethora of means to keep you quiet and make sure they get the respect they think they deserve. From simply locking down the cuffs a little more than necessary to "assisting" you to the ground to claiming you resisted arrest and they only imposed the necessary force to detain you when pummeling you with batons and tazers, cops will win the battle of wills. Guaranteed. Even though you may disagree with their assessment of you or your driving, now is not the time to argue. Be polite and courteous.

Keep your license, insurance and registration close at hand and easy to access

Listen, everyone become a little skittish around cops. I am not sure whether it's our parents jamming guilt down our collective throats or just the nature of man, but we all feel a little guilty most of the time. Sometimes justified...alright, usually justified. That is only exponentially enhanced when you had a "dog and a beer" at the game. Nothing makes the butterflies start dancing in the belly and your nerves sparking like a fallen electric wire more than having "beer breath" and seeing those lights pop on behind you. From the moment you are approached by the officer, EVERYTHING is being watched. Everything. Because only behavior consistent with intoxication gets to the police report, you can rest assured nobody is cutting you a break for nerves. Keep your license, insurance and registration in an easy to access location. Don't fumble for it. Even if it is nerves, you will have universally confirmed the cops suspicion if you can't produce the documents smoothly.

Dont Answer Any Questions...PERIOD!

You are required to provide information to the officer about who you are, and whether your car is registered and insured. Everything else...100% optional. While asking what may seem to be innocuous questions, the officer is judging you. Whether your speech is thick, slurred or mumbled. He is watching your reactions. And believe me, you are not receiving any benefit of the doubt. Your answers to the questions, even if they do properly place them in the report, are only repeated when consistent with you being intoxicated. You will be berated and besmirched for every one of your answers, even if they aren't really, completely what you said. Questions like: Are you injured? Have you had an accident? Where were you going? What have you had to drink? When did you start drinking? When was your last drink? and so on, are only meant to elicit incriminating statements. Remember No. 1 above...be polite. But simply state, "I would prefer not to answer any questions. Thank you"

Never, Never, Never Do Field Sobriety Gymnastics!

So the kindly officers asks you step out of your vehicle so that they can perform a few tests on you to make sure you're sober and you'll be on your way. Not a chance! He isn't asking you to perform tests to prove you are sober, he is doing it to prove you are not. Out of 24,000 or so separate field sobriety tests I have seen reported, I can count on my fingers and toes the combined total an officer has said were performed "satisfactorily". That includes hundreds of cases where where blood alcohol came back below the legal limit and tens that showed absolutely no alcohol or drug impairment at all. A University study took 53 people and videotaped them doing Standardized Field Sobriety Tests. Those tapes were played back to experienced DUI/DWI officers. Nearly 80% were found to be under the influence based solely on their performance on the tape. Problem: Every single one hadn't consumed any alcohol or drugs. Period. The gymnastics they ask you to perform are nearly impossible.

The Million Dollar Question...or What Could Be, On Average, A $50,000 One

Breath, blood or none of the above? If there was an easy answer, I would be purchasing my Four Seasons Vacation Hut on a Motu in Bora Bora right now. Unfortunately, there isn't one. Obviously, if you haven't consumed alcohol or drugs, skip to the field breath test and if arrested ask for blood. I am guessing most of us already knew that. Let's get to the meat. First issue: Do you need your license or a clean record more? If you refuse a test, you could lose your license for a year with no restriction; However, very difficult to convict. Second Issue: If you feel ANY effect of the alcohol, there is a good shot you are above the legal limit. Third: If you test, Breath or Blood? If you feel the effects, refuse the in-field alcohol test. There isn't a penalty. Then ask for blood. If you had the proverbial "one for the road" or few more right before you drove, take the infield and opt for breath. Every case is different. But these general rules can be life savers..

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Always be polite

Keep your license, insurance and registration close at hand and easy to access

Dont Answer Any Questions...PERIOD!

Never, Never, Never Do Field Sobriety Gymnastics!

The Million Dollar Question...or What Could Be, On Average, A $50,000 One