A good night can change into a nightmare in a matter of seconds. As soon as those red lights are spotted in the rearview mirror, that decision to get behind the wheel after having a few drinks can quickly turn into a terrible idea.
Here are a few tips on what to do and what not to do for drivers who find themselves in this unfortunate situation.
1. Pull Over Somewhere Safe
Nevada roads, especially in Las Vegas, can be crazy. As soon as the driver spots the red lights coming for them, it is time to slow down and find somewhere safe to pull over.
Keep in mind that at this point the officer has already been watching the driver for some time and probably has made several observations leading to the conclusion that the driver is intoxicated. If the driver makes a rash decision to pull over somewhere unsafe or to pull over abruptly, this certainly will not help that case.
2. Do Not Make Sudden Movements
The best thing to do is to take a deep breath and to stay still. In this day and age, officers approach cars cautiously, especially if they have reason to believe that the driver has been drinking or using illegal drugs.
Keep the hands on the wheel at 10 and 2 o’clock and sit still. Wait for the officer to come to the car and greet the driver first. If the driver’s license and registration is in the glove compartment or backseat, wait until the officer is there, inform him or her of where it is, and ask permission to get it first.
3. Exercise Good Manners
The last thing a driver wants to do is act rudely or with hostile behavior to the officer. If the driver is disrespectful and difficult, the officer is more likely to arrest the driver and write a report that can be very incriminating in the event of a conviction.
Be calm and polite.
If the officer asks the driver to step outside of the vehicle, it is best to do so when asked and not argue back. Otherwise, the driver could find himself or herself charged with resisting arrest, as well.
4. Do Not State More Than What Is Needed
This next tip may be tricky because odds are the driver is already nervous and panicking, and that may result in loose lips.
However, it is of utmost importance that the driver only give what information is asked of him or her. Admitting to actually consuming alcohol may not be a good idea. If the driver has had one or two drinks, in some situations a statement saying this will not hurt him or her.
Do not lie about consuming alcohol, however. Lies can and will be used against the driver in court.
The best rule of thumb is to say you wish to not answer any questions regarding any offense the officer believes the driver has committed until the driver has had the chance to speak with an attorney.
5. Refuse the Test
The driver is not under any obligation to perform a field sobriety test or to take a hand-held breathalyzer test. Nevada used to practice the law of implied consent, which meant that the police could force a test upon arrest, but now they either need consent or a warrant.
Even though the arresting officer cannot force these test on the driver, they can obtain a warrant for a blood or breath test. Refusal of blood or breath tests may result in license suspension.
6. Write Down What Happened
After the arrest and when the individual has been released, it is important that the individual write down notes of everything that happened that day or night.
In these notes it is important that the person write down how much he or she had to drink, how long after this was the person arrested, what was said to the officer, what the officer said to the driver, and what the driver was doing at the time he or she was driving, meaning was he or she texting, playing with the radio, etc. Also, if the driver took the chemical test, write down how long it had been since a drink was consumed. Another piece of information should be whether the driver was read Miranda rights before the arrest.
All of this information will be needed by the attorney to help build the best defense possible.
Contact Us Today!
If you have been arrested for a DUI while visiting Nevada, it is important you contact the Hill Firm today. We can meet with you to discuss your rights and all potential legal consequences from your arrest. Contact us at (702) 848-5000 for your free consultation today.