I am always surprised at how willing people are to talk to the police. I have no problem with a friendly hello in the coffee line, small talk at a community event or focused call when assistance is needed. Speaking to the police in situations when people aren’t in trouble are not troublesome to me. However, when you are in a position of potential difficulty, there is no need to be speaking to the police, and in fact, it can get you into a lot of trouble.
I find that people’s willingness to speak to the police happens most frequently in impaired driving investigations– which is when it really shouldn’t be happening.
Pretty much the only time you are required to open your mouth in an impaired driving investigation is when you have to blow. I hope by now, everyone realizes that it is in your best interest to blow– and you are going to want to blow until the officer tells you to stop.
You will have to blow on the mouthpiece twice, but other than that there is no requirement to open your mouth, so don’t.
Often, the police will fill the time gap between the first and second breath sample by asking questions. Questions often surround personal stuff, like work and family but also about alcohol and drug consumption. Unlike the mandatory nature of the breath tests, the question and answer periods are optional. There is nothing that compels you to answer those questions. Why would you want to give the cops further details of what is likely the biggest mistake of your life? Why would you want to make it easier?
Often, the police will ask the detainee to place themselves on the 1 to 10 scale of intoxication. Don’t do that. Even if you think you are a 2 or a 3, don’t answer, as you are not making your life any easier. The only thing you are doing is making it easier for the prosecution to convict you of impaired driving.
Knowledge is power and the lawyers at Millars Law are available to offer assistance at all stages of the criminal justice system from arrest to trial. Make the phone call count and call Millars Law today.