While most of the discussions in this book concern the application of United States Supreme Court decisions, laws concerning the unlawful operation of a vehicle while intoxicated are subject to state law. Whether your state calls it DUI or DWI or OWI or UBAL or whatever, I’m talking about driving while intoxicated or under the influence of drugs. However, even though procedures such as breath or blood tests, unlawful blood alcohol levels and field sobriety requirements may differ from state to state, your constitutional rights remain. The one thing that remains constant is the protection of your rights. In other words, not volunteering to do something you are not required to do. Since I’m not about to cover the laws of every state, if you are unsure, don’t hesitate to ask the police officer if he/she is making a request or a demand, and ask the police to explain the consequences of each choice. This will make more sense when I discuss in greater detail what is often referred to as “implied consent.”

As you already know from the chapter on traffic stops, the police must at least have reasonable suspicion to pull over your vehicle. A DUI arrest usually starts with one of three situations: 1) an unrelated traffic infraction or suspicious activity, 2) a drunk-driving cue, or 3) a DUI checkpoint. Let’s take a look at how you can protect your rights in these situations.

A police officer might stop a car for a having a burned-out turn signal or for driving in a suspicious manner, then ask the driver whether he has been drinking. In this situation, the police didn’t initiate the stop because they suspected a driver had been drinking. Alternatively, the police may have seen a car driving with the headlights turned off, a signature profile near closing time, and suspect that the driver is intoxicated. It is often in your best interest to ask a police officer why you are being detained. Sometimes a car happens to approach a DUI checkpoint. Although the reasons for detaining a vehicle may vary, your constitutional rights remain the same. Ultimately, there are three issues: should you answer questions, should you perform field sobriety tests and should you give a breath or blood sample? Each has different repercussions and in the end, the answer depends on... (click here to read more)