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What Do I Do If I’m Pulled Over for Drunk Driving?
Well the best thing to do is of course, one, have a plan. Before we even get to the stop, have a plan if you go out drinking. I assure you a 50 dollar cab ride is a lot cheaper than any attorney you are going to hire if you get arrested, even if you didn’t do anything wrong. So the best thing to do is have a plan.
If you do get pulled over, you do have a right to refuse to take what’s called, generally, a PBT. It’s a preliminary breath test it’s the breathalyzer that they’re going to ask you to blow into. You have a right not to take that.
If you believe that you’re over the limit, or you believe that the breath test may not be as accurate as you want it to be, and they are not accurate, in general they’re not really admissible in court because of the inaccuracies that are inherent in the test itself.
So knowing that, I would advise to not take that test and if you believe that you are not going to pass the field sobriety test and that’s, you know, the hand and nose, the walking back and forth, the standing on one leg.
If you’re not intoxicated you don’t want to take those tests especially given the circumstances that if there’s gravel on the road and you stumble, if it’s cold, if it’s windy, if you have an ear infection, anything like that’s going to throw of your balance and the police officer is going to arrest you.
They are going to arrest you, and they are going to take you in, and they’re going to do all of the other things that go along with any arrest—booking, photographs, fingerprints, all that type of stuff.
So the best advice I can give is probably to not do any of the tests especially if you believe you may be over the limit or intoxicated, definitely do not take the test.
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