During the stopping sequence, the officer will be observing your driving behavior for anything unusual: attempting to flee; responding slowly or failing to respond to the stop command; swerving abruptly; stopping suddenly or striking the curb or another object when pulling over.
When you are pulled over, immediately retrieve your driver’s license, proof of insurance and vehicle registration before the officer walks up to your window and asks for those documents. If the officer witnesses you fumbling for these documents (due to your nervousness), he will undoubtedly attribute these actions to intoxication rather than stress. Avoid this possibility by having everything ready at hand. Also, do not take off your safety belt until after you first speak to with the officer.
Understand that the officer’s goal in every DUI-suspect vehicle stop is to collect evidence. He will be using his senses of sight, hearing and smell to collect/create evidence against you.
(1) SIGHT (things the officer is looking for)
(A) Bloodshot eyes
(B) Soiled clothing
(C) Fumbling fingers
(D) Alcohol containers
(E) Drugs or drug paraphernalia
(F) Bruises, bumps or scratches
(2) SOUND (things the officer is listening for)
(A) Slurred speech
(B) Inconsistent responses
(C) Abusive language
(D) Admissions of alcohol consumption or intoxication
(E) Unusual statements
(3) SMELL (things the officer is sniffing for)
(A) Alcoholic beverages
(B) Marijuana
(C) “Cover up” odors like breath sprays, chewing gum or smoke
(D) Unusual odors
Remember; always be courteous and cooperative with the officer. Never argue or debate anything with him; you will inevitably lose. And most importantly, never lie about anything. In other words, do not deny consuming alcohol if in fact you have had some to drink. Doing so, 1) is a crime; 2) destroys your credibility and 3) cheapens you as a human being!
Rather than lying, you have three options. First, tell the truth. If the truth is that you consumed two beers over the past 3 hours, that kind of an admission will not hurt you. Of course, if the truth does hurt, consider one of the following two choices. Second, remain silent. What you do not say will not be held against you. Finally, ask a question in response to the officer’s question (e.g., Officer: “How much have you had to drink tonight?” You: “Have I done something wrong officer?” or “Am I under arrest? “). Asking a question is neither a lie nor an admission. However, do not ask a belligerent question such as: “Officer, how much have you had to drink?” That would be very foolish indeed.
Understand that you are not required to answer potentially incriminating questions, such as how much you have had to drink or where you are coming from. If you feel the officer’s questions starting to become overbearing or his tone/behavior begins to scare you, politely state “I would like to speak with an attorney before I answer any further questions.” And remember, from that point on, remain totally silent to every question the officer asks of you.
If you do find yourself in a situation like this, please do not hesitate to contact our office at (419)353-SKIP. We are available 24/7 and are happy to assist you with your legal needs.
-http://www.ohiojustice.com/PracticeAreas/FAQ.asp#pulledover
