I read a “news release” last week in some newspaper that there will be “sobriety checkpoints” this weekend, and particularly tonight. These will be in Oklahoma County. Where? The cops’ news release – OF COURSE – did not list the LOCATIONS of these. But they are going to be out there. So, here’s some suggestions for those of you who will have this unpleasant experience.
When you approach these things, you DO have to stop. You do have to show them your license and insurance. If you have neither, don’t be driving.If they make you drive over to another area, you have to.
If they ask you to get out of the car, you have to.
Remember that these cops, when they approach you at these stops, are assuming you are doing something wrong or illegal. Therefore, keep your conversations with them to the minimum. DO NOT tell them you have had anything to drink. You do NOT have to answer that question. Or, you can simply say NO, if you are asked.
You do NOT have to tell them where you are going or where you have been. Don’t answer those questions. Tell them you will answer those questions after you have spoken to your attorney.
However, if they ask you to do some test to “see if you are ok to drive”, you DO NOT have to do it. These field sobriety tests are NOT required. They are subjective, unreliable, and designed for failure. In short, they are crap. If they have reached the point of asking you to do these, they have already decided to arrest you. They are ONLY trying to get additional evidence – albeit subjective, and these tests do NOT indicate whether you are impaired or not – against you to support their arrest. Refuse to take ANY field test.
If you are asked to blow into a breath test AT THE SCENE (usually a hand held device), tell them NO.
Don’t blow into it at the scene.If you ARE arrested, you are going to be asked to take a test at the station, and probably a breath test. So, what do you do?
1. If you have not drunk any alcoholic beverage that evening even if you HAVE been using any other drunks, take the breath test. 2. If you have had 3 or less that evening, take the breath test.HOWEVER, if you DO take the breath test, ask for a BLOOD test IMMEDIATELY after your last blow.
3. If you have drunk more than 3 that evening REFUSE THE TEST.
4. If you have ever been arrested before (if you have drunk ANY that evening), REFUSE THE TEST.
And, last, if you DO get arrested this weekend at a roadblock OR any where, call our office first thing Tuesday morning.
Best Lawyers in America in DUI/DWI Defense Specialty, 2010 & 2011 ed(s).
Â Sifers & Sifers, Attorneys at Law
Court Plaza Building, Suite 950
228 Robert S. Kerr
Oklahoma City, OK 73102
office – 405-232-3388
fax – 405-232-5144
email – email@example.com
web(s) – www.oklahomaduilaw.com
“The People should NOT be afraid of the Government. The Government should be afraid of the People”. Â