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Your Constitutional Rights
Silence. You have the right to remain silent because anything you say can and will be used against you in court. Exercise that right! Silence is Golden! Do Not tell police whether you drank alcohol, what you had to drink or when you drank. Above all, however, always be courteous, polite, calm, and cooperative with Police Officers. Simply answer “I respectfully decline to answer those questions, Officer.”
Lawyer. You have the right to consult with a lawyer and to have the lawyer with you during questioning. If you are indigent and cannot afford a lawyer, the court will appoint a lawyer to represent you, provided you pay a fee of up to $200.00 to the court.
Security. You have a right to be secure in your person, houses, papers, and effects (including your body and your car) against unreasonable searches and seizures. You do not and should not get out of your car unless police order you to do so. You do not have to get out of your car if police merely request or invite you to get out. Be aware that the police are also highly concerned with their own security. It is a good idea to turn on your interior lights when stopped to assist the officer, and to diminish any possible security concerns he may have.
Your Statutory Obligations
Produce Driving Credentials. If a police officer asks to see your driving credentials, you must produce a driver’s license, vehicle registration, and insurance identification card. In fact, the manner in which you produce these documents will be closely observed by the investigating officer. You should have your license, registration, and insurance card ready to hand to an investigating officer every time you start your car. If you do not do these things, you can be charged with a violation of various statutes, including (from least serious to most serious):
- failure to have a driving credential in your possession when required
- driving an unregistered vehicle
- driving while unlicensed
- driving while your privileges are suspended or revoked
- driving without insurance
Submit Breath Samples. Refusing to submit breath samples can lead to consequences almost as serious as a drunk driving conviction. It also places a defendant at a terrible tactical disadvantage when dealing with the prosecutor in municipal court. You should almost always submit breath samples when police ask after arrest.
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