Q: What should I say if I'm stopped by a police officer and he asks me if I've been drinking?
A: Usually an officer is only asking questions of you in order to obtain evidence. I would suggest that you respectfully decline to answer that question if you have been drinking. If you have not had anything to drink then answer truthfully.
Q: Do I have a right to consult with an attorney when I'm stopped by an officer and asked to take a field sobriety test?
A: When dealing with the Police, everyone always has the right to an attorney. However, due to officer safety reasons (dealing with being on the side of the road, and other considerations), an Officer will not usually allow you to contact an attorney immediately. You have the right to refuse to do the field sobriety tests. And with this point, I can't stress enough that one must be respectful when dealing with an officer in this situation. When one refuses to do a field sobriety test or asks to contact an attorney, the Officer may become frustrated.
Q: Do I have a right to consult with an attorney before deciding whether to submit to a breath test? What happens if I refuse to take the breath test?
A: Yes you have an absolute right to contact and consult with an attorney prior to submitting to a breath test. I highly suggest doing so and keep my phone nearby for just such instances when someone may need my advice.
If you refuse to take a breath test, your license will be confiscated and may be suspended by the Motor Vehicle Administration. Furthermore, the refusal of the breath test may be brought up against you in the Court case regarding the allegations of Driving while Impaired, or Driving while Intoxicated. Before anyone submits or refuses to take a breath test, they should contact an attorney.
Q: If I pass the SFSTs, can the police still place me under arrest?
A: Just so everyone is clear "SFST" stands for Standard Field Sobriety Tests. These are standardized tests that the National Highway Safety Administration utilizes around the country in the detection of impaired driving. Usually they consist of a Horizontal Gaze Nystagmus Test, which is to try and detect involuntary eye movements, a One Leg Stand test, and a Walk and Turn test. You do not have to take these tests. Once again the Officer in asking you to perform these tests is attempting to obtain evidence against you.
If you successfully complete these tests, and the officer still has reason to believe that you have been drinking, he can still lawfully arrest you. The probable cause standard for an arrest in a case of suspected impaired driving is extremely low. In gauging that standard the Courts will often side on an overabundance of caution regarding removing a suspected impaired driver from the roadway.
Q: The officer never gave me a 'Miranda' warning, or advised me of 'my rights,' will my case be dismissed?
A: In short form - your case will not be dismissed. Miranda warnings, the right to remain silent & etc, are only meant for those who are being questioned by the police while in custody. While it can be argued that during a traffic stop one might not be free to go, Courts have found that a traffic stop does not invoke a custodial situation where Miranda warnings are required. However, once someone is placed in handcuffs, the custodial situation begins, and any interrogation thereafter would require Miranda warnings. If the Officer did not administer the warning prior to the interrogation or questions being asked, the remedy available to the Defendant is to have those statements suppressed, or not allowed into evidence.
