Mowimy Po Polsku - Se Habla Espanol

Barry Boches & Associates

What Steps Are Taken By The Police Once They Arrive At the Scene And Suspect Something?

In a case involving an accident, they would separate the people and talk to them to try and figure out who was at fault. If one of the paramedics who came to the scene or anyone else who the police spoke to said that someone reeked of alcohol, then the police would go over and talk to that person. The first thing they would probably do is ask them whether they had been drinking and whether the person said yes or no. If they thought the person had been drinking, they would start asking a battery of questions regarding where the person had been and where they were coming from.

What Kinds Of Questions Would The Police Ask?

First of all, the officer would check to see if the person was orientated properly regarding the date, time, where they were present and where they came from. They would then ask when was the last time they had something to eat and what it was. They would try and get the person to give as many specifics as possible because someone that was under the influence would have trouble reciting those things properly or they would have problems speaking clearly. The person might be mumbling or slurring their words or they might say they were coming from the north when, in fact, they were going in the other direction. These would all be telltale little signs that the police would look for along with visual clues like bloodshot eyes.

They would start asking more questions after they determined the person was possibly DUI. Someone who had been involved in an accident and who had been drinking would certainly have the right to refuse to answer any questions or participate in any test. The way the person did that would actually be somewhat important because they should not get belligerent with the officer. Judges would look at the person’s behavior later and ask why they had been so belligerent if they were not under the influence of something. People should always be polite and cooperative, but they should keep in mind that they really should not talk to the police, especially if they had had anything to drink, because, in that case, the less they said the better.

Can DUI Symptoms Be Caused By Other Reasons?

The person should put some gum in their mouth if they had a chance to do it. The officer would be able to smell alcohol if the person was breathing right in the officer’s face after having just had a couple of beers at the Bears game. This is what the officer would be looking for, and then he would ask the person where they were coming from, what did they have to drink there, what did they have to eat or whether they had been sick. They would be looking for other reasons the person might have bloodshot eyes because the person might have allergies, they might have a cold or they might have been up all night, because a lot of things could cause these symptoms.

Should The Person Answer The Police Questions?

At some point, if the person was physically not shaken up too badly, they would ask them to do a field sobriety test. The person would not actually have to do any of these tests, and they would not need to answer any of those questions. If the person had any doubts whether they were under the influence, then the minute the police approached them they should just politely tell the officer that they had already talked and they really did not want to make any further statements without their attorney present. They should tell the police they were not trying to be rude, and they were just telling the police they did not want to make any statements at this time without an attorney present. The person should ask whether they were free to leave, and if the officer said they were not free to leave, then they should just stop talking because the police would not be there to help the person at that time.

The person should tell the police they had nothing further to say, and that was what their attorney had told them to say. They would have to get out of their car and they would have to give their name and address, but other than that they would have the right to remain silent, so they should use it.

Do People Really Have The Right To Remain Silent?

People should try not to incriminate themselves because the minute they say they only had two beers at the Bears game, it would count as one strike against them. If the officer smelled alcohol, he might realize it was beer, but it could have been O’Doul’s, non-alcoholic beer. Non-alcoholic beers smell just like regular beer, and the officer would probably not know the difference between the two. The police would want to make it harder to defend the case or they would like to make it easier for the person to be prosecuted by getting them to admit they were drinking.

It would take some guts for the person to just tell the officer they did not want to answer any questions without an attorney present because at that time the officer would be getting authoritative with the person. Police officers realize they would not have much of a case if the person did not start taking these field sobriety tests, which people would be absolutely under no obligation to take. The officers would never ask the person whether they would like to take the field sobriety tests, instead they would order them to step out of the car, or they would say they wanted the person to take these tests so they could make sure the person was safe to drive home. They would try to make it seem like they were trying to help, whereas they really would not be and they would be trying to see if the person was under the influence of something.

If the person had any question about their sobriety, they should just not take any of these tests. If the person was asked to step out of the car and take the test, they should just say they would not take any tests, and if the officer asked why, the person could tell them their attorney had told them not to and that they had nothing else to say. The person should not try to explain it away, and they should not try to tell the officer that they know their rights. It would be very important for the person to try not to confront the officer, because once the person refused, the officer would know it would be very much harder for him to have a successful prosecution of the case.

For more information on Field Sobriety Tests, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

Related Articles

Related Topics