Monday Morning DUI Quarterback

We all know (or most of us know), that we shouldn’t take the breathalyzer or any of the field sobriety tests when we are stopped by the police.  When we do that we force the police to prove their case without any “garbage” testimony that goes like this …

“I then conducted the one leg stand test, the driver was unable to hold up one foot  for 30 seconds, and from my training at the police academy I felt that the driver was under the influence.”

Of course no one ever asks, “Why does being able to hold your foot up indicate intoxication?”  And the more serious corollary:  “Why, when a driver holds up their foot for 30 secs, do you arrest them ANYWAY?”  Field sobriety tests are simply tools for the officer to have something to talk about on the stand.  They are neither particularly accurate, (one leg stand = 68% accurate), or any real help for deciding who is under the influence or not.  That’s not what they are for.  They are for allowing an officer to tell us SEVEN THINGS he observed during the test.  And it really doesn’t matter whether those observations are in any way linked to detecting intoxication or impairment.

But the real killers in DUI DEFENSE are driver statements.  For example:

I couldn’t do this test if I was sober.

I have had too much to drink.

I should not be driving.

As your Monday morning DUI quarterback, I think you would be much better off just refusing to talk at all.  In these days with video equipment in police cars, it would be better if you just REMAINED SILENT.

Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.

Mobile: 815-334-9004

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