is the next video in a series that we’ve been doing on what I would do if I was pulled over for the run-of-the-mill drunk driving. Nobody’s hurt, nobody’s injured what would I do?
So if you’ve watched the other videos you know that I would originally not answer the officer’s questions regarding what I’ve been drinking where I was coming from who who I was with. I would get out and go to the to the rear of the vehicle upon request of the officer. I would not take the standard field sobriety tests. I would not take the handheld PBT test. So now we’re at the point where the officer says okay I’m going to put you under arrest for drunk driving and take you in. So I’m cuffed, I’m stuffed, and I’m taken to the jail. Now the jail is usually where the chemical breathalyzer test is. It’s called the intoxilizer 9000.
So the officer should give you a chemical test rights and upon giving those rights, if it was me, I would take this test even if I’d been drinking on a First Defense run-of-the-mill drunk driving case. The reason I would take this test is because if you refuse then the officer is going to do a couple things one the officer is going to indicate that you’ve refused refused do an officer’s report a refusal send it to the Secretary of State and the secretary of state is going to take action against your license.
Even if you were completely sober it’s the refusal of the chemical test that causes the Secretary of State to react and they will do two things one they will put six points on your license two they will suspend your license for a year.
Now secondarily what the officer is going to do the officer is going to go get a search warrant and have and and draw your blood through a court order essentially so they’re going to get your blood anyway. So on a first offense generally speaking there are some exceptions the consequences on your driver’s license are going to be more severe if you refuse this chemical test then if you take it and you’re convicted of a standard OWI.
So here’s a little bit of A Wrinkle In the chemical test on the rights that they read you the officer will indicate that you have a right to an independent test. I would ask for that independent test. Now usually this is late at night right 11 12 1:00 in the morning 2:00 in the morning and if you ask for an independent test maybe the officer doesn’t give you that opportunity. So then maybe you give your criminal defense attorney an option to hopefully suppress the results of the chemical test.
If not the officer can take you to the hospital if you’ve already done the chemical breath test at the jail and give you a blood draw then you have a blood draw that frankly will probably confirm the breathalyzer test anyway but it’s just an option that I would take advantage of in case the officer makes a misstep there.
Next in our series of videos at Outlaw University regarding what I would do if I was pulled over for a drunk driving is it’s going to be all about those independent tests. If you’re interested for that lesson stay tuned we’ll have a video out shortly.