Depending on Your Performance of the Field Sobriety Tests, Will You Be Arrested?

Interviewer: After these tests are performed, what happens then?

If You Are Being Arrested, the Officer Must Read Your Miranda Rights to You

Shannon: Before, during, after, the officer, if he or she has, at any point, probable cause to arrest you they need to Mirandize you and tell you that you’re being placed under arrest for DUII or whatever offense you’re being placed under arrest.

They need to tell you your Miranda rights and make sure that you understand, and then they’re going to place you in the back of the patrol car, transport you to the nearest jail to take the breath test, or if it’s a drug, narcotics or a drug DUII, then they’re going to ask you to take a urine test. They also are going to use behavioral clues.

Be Polite But Concise: When You Are Arrested, Do Not Volunteer Any Information

My recommendation to someone, even though this is a very frustrating and scary time for you, you need to try to be as concise in your answers and be polite, but don’t be overly friendly. Don’t ask the officer, “How’s the night going?” Don’t make statements like, “I really messed up. You’re ruining my life.” Don’t do anything like that. Don’t seem overly happy or overly upset.

You need to be really flat. According to the training they receive, the flatter a person is in their reaction to what’s happening, the less likely they’re under the influence, which makes no sense because if you were completely sober, and you’re being arrested for DUI, you’re going to be really upset and angry.

It’s going to be a real inconvenience to you, but they’re going to use that aggressiveness, that emotional instability they’ll call it, as being excited and having a not normal reaction to what’s happening, which is ridiculous. They’re going to say, you’re probably over 0.10 because you’re angry. It’s simply ridiculous.

Then they’re trained that if you’re really happy or don’t really have any inhibitions, going with the flow, they’re going to think, “You could be over a 0.08, which is the legal limit here, but you’re somewhere within the range of 0.03 to 0.12. They’re using these different behavior measurements. Normal behavior, ordinary behavior is a typically flat response, which, to me, doesn’t make any sense.

Even joking around with him or her or admitting your fault is not going to do you any favors. You need to stay tight-lipped and compliant and be really concise in your answers.

It is not only what you say, but also how you’re saying what you say that is going to be used against you.

Will Your Driver’s License Be Immediately Confiscated?

Interviewer: When they arrest you, what will happen to your driver’s license? Will the police immediately take it away?

Shannon: They’ll confiscate your driver’s license when they ask for your identification. Then they’re going to keep it if you fail your breath test.

Interviewer: If you fail the breath test, do you get a paper saying they took your license, or they just take it?

Shannon I. Wilson, Esq.

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