LAWYER: 5 NEW Tricks Cops Are Using During DWI Stops

You should never drink and drive, but DWI cops may pull you over and investigate you even if you are stone cold sober. If a DWI Officer suspects you of DWI, here are the 5 Favorite Tricks Cops Use and how they trick you into incriminating yourself.

❗️DISCLAIMER❗️

This is not legal advice. I AM NOT YOUR LAWYER. Sorry! All content provided is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

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[bradwatson]

If I'm ever on a jury in a case involving someone sleeping off their alcohol consumption in their car, I'm going to say not guilty to any charge. I won't care about where the keys were or any other factor. If the car was parked in an appropriate location and the driver was asleep, that's all I'll need to know. And I won't care what the law says. I'll say not guilty.

[TruthAndMoreTruth]

I don't even drink, but I've seen enough videos of sober people being arrested based on "behavior ques" or "suspicion" only to be found to be 100% innocent after thousands of dollars and months of fighting.
What a country...

[leskerr]

The system is truly broken when we have to be given advice on how to protect ourselves from the police.

[kawasukiyamahonda]

"Hello, you want to tell me why you were going so fast?"

"Sorry, I can't comment on an ongoing investigation."

[zvsonwq]

A few years ago in CA I was stopped a few feet after exiting a parking lot of a bar. I explained I was there to pick up my kids and their friends who were celebrating so they didnt have to drive, I went in had 1 soda and played a game of pool. The officer said she smelled alcohol - yes because I had 4 grown men who had been drinking in the car. I refused the field sobriety test, demanded a blood test. They let the boys walk home, but arrested me and towed my car then I waited 9 hours for the blood test because "they were too busy" to take me in. The owner of the bar came to my defense with video proof, but the DA said it meant nothing. They ended up charging me, saying the blood test had taken so long it also meant nothing. Between the bailbondsman, attorney, tow and impound fees along with repairs from that, and DMV fines issued without a conviction (allowed in CA) it cost me over $11, 000 for the judge to dismiss the case 5 minutes after seeing the video that the DA ignored. All because my adult kids, their friends and I did the right thing so no one drove drunk that night.
I still pick them up at bars when they're in town to make sure they're safe, but I dont leave my car.

[vastvideos]

It's ridiculous citizens are expected to go to these lengths to protect ourselves from police procedures

[Alleged_Mercenary]

When I was a rookie cop I was at a DUI checkpoint and watched a highway patrol officer DUI a one legged man because he couldn't do the straight line walk perfectly. The case was thrown out but seriously...

[jjc]

just knowing what happened in Loveland Colorado means this is spot on. Loveland Police officer arrested a driver that had not been drinking, blew 0.00 in the breathalyzer, read 0.0 for all intoxicants during a blood test, and was still booked into jail for DUI and had charges leveled because the officer said he smelled alcohol during the initial contact and it took the city attorney a day to drop the DUI charges. Turns out this officer was due to win an award for most DUI arrests in the department. The frustrating upside is that he got a $300, 000 settlement from it that the taxpayers are on the hook for.

[Fadamor]

5:12 In Salinas v. Texas (June 17, 2013), the SCOTUS ruled that simply remaining silent does NOT unambiguously establish that you are invoking your right to remain silent. Unless you verbally invoke your right to remain silent, police are allowed to interpret your silence as an antagonistic act or even an admission of guilt depending on what question the suspect was asked. So yes, you have the right to remain silent, but you must unambiguously invoke that right before police are required to stop questioning you. The SCOTUS has determined that invoking the right to remain silent verbally satisfies the "unambiguous" requirement.
TLDR: You can't just remain silent, you have to at least SAY you are invoking your right to remain silent.

[bikkiikun]

There is NOT A SINGLE cop who would pass a field sobriety test under the same conditions.

[MikeEWard]

Arresting a passenger with a sober driver? Serious horse shit.

[matthewbrown]

"The purpose of the field sobriety test is to collect evidence against someone that I already believe to be intoxicated. If an officer asks you to take a field sobriety test, don't. Doesn't matter if you drink or not."
- My brother, a police officer.

[mhoffman]

Get out of the car if asked
Keep your mouth shut
Provide documents if asked
Keep your mouth shut
Let the police know that you do not consent to any searches

Keep your mouth shut
Let the police know that you aren't answering any questions

Keep your mouth shut
Don't answer questions
Keep your mouth shut
Refuse any field sobriety tests
Keep your mouth shut
Refuse any roadside breathalyzer tests
Keep your mouth shut

[brudug]

This is why we need to get rid of Qualified Immunity. Hold them personally responsible for their actions not just sue the town or state.

[tommytwotacos]

I once almost ended up with a DUI (I don't drink, smoke pot, or take intoxicants of any kind. I'm the most boring person you'll ever meet) because I had fallen asleep in the driver's seat of my car after pulling off of the freeway onto a surface street and parking on the side of the road. It took almost two weeks to sort out the whole affair, but the Lawyer I talked to gave me a piece of advice that has served me well in the intervening time period when I've again had reason to sleep in my car. First he mentioned what was said here about not having the keys in the ignition, but he also said to get out of driver's seat and lie down in the back seat if you can.

[kylelloyd]

It's almost like cops aren't your friends and don't want to help.

[joegibson]

Even if you’re sober and get arrested you now have a big lawyer bill.

[jccook]

A huge percent of every police department budget comes from DUI arrests and convictions. Fewer convictions, less money, fewer cops. It's that simple.

[davidprior]

In Connecticut, if you refuse a sobriety test you lose your license for 16 to 18 months plus fines. Being DUI you lose your license for 6 months if you are over 21. Connecticut says this is because when you signed for your license you gave them implied consent. I was never shown any agreement or given a copy. Also CT has just trained police officers in phlebotomy so they can draw the blood themselves with consent or an emergency warrant. The police truly play in their own world.

[laurenfazenbaker]

What happens when you aren't drunk because you don't drink and have never drank, take no medications, and still get arrested for DWI?
Cops do that often.