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Question: What should I do if I get pulled over and the Police Officer Suspects that I have been drinking, and should I do the evidentiary test of my breath or blood test. Answer: This can be a very complicated situation and requires serious thought before taking any actions. I believe that most Police Officer's have decided to arrest the driver before they even have contact with them. Therefore, the Police Officer will look at all statements with a bias that every thing that you do or say, is a clue of intoxication. Often they report that the person had a hard time getting their identification out. Therefore, you should always have your driver's license out and ready to hand to the Officer immediately. You should be cooperative, by doing what you are told. You have a legal right to decline the invitation to do field sobriety tests, which often times are only done by the Officer to collect evidence against you. However, note that your decision to not do those tests may be used against you in a probable cause determination. Many times the tests or results may be nullified due to a failure to properly follow the NHTSA (National Traffic Safety Administration Guidelines for Standardized Field Sobriety Tests), therefore, you should not be afraid to do the tests. However, I believe that you should familiarize yourself with these tests by doing some research on what is expected. There are three proscribed tests, and those are the only tests that you should agree to do. They are the Nine Step Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus. You should never decline to take the primary chemical test requested by the Officer, if you are arrested. You should always request a second test that the Police have to provide to you at no expense to you. This may be instrumental in establishing the alcohol absorption phase of your blood alcohol concentration, and become the basis for your defense. You must also be consistent in your answers concerning how much you had to drink, and the variety of drink, if you are asked and choose to answer. Never, Never, Never be argumentative with the Officer,Hospital Staff, or Jail Staff. If you are doing a blood test ask the Nurse or persons doing the blood draw for the written policy in the Hospital for evidentiary blood draws, and ask the person to verify that the kit contains the items are not expired. Note the specific method in which the area is cleansed and where the solution comes from for the cleansing. Above all the best advice is to never drink and drive. It is best to have a designated driver. Even if you are innocent it will be required for you to fight the arrest. It is best to avoid that problem in the first place. If you do get arrested call me immediately.
Arena Law Offices, LLC 1110 N Old World 3rd St, Suite 210, Milwaukee, WI 53203 E-Mail: Andrew@ArenaLawOffices.com Phone: 414.645.6100 Fax: 414.645.3500
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PRACTICE AREAS ABOUT US HOMEPAGE CONTACT US TESTIMONIALS MEDIA Call Now 414.645.6100 24/7
Question: What should I do if I get pulled over and the Police Officer Suspects that I have been drinking, and should I do the evidentiary test of my breath or blood test. Answer: This can be a very complicated situation and requires serious thought before taking any actions. I believe that most Police Officer's have decided to arrest the driver before they even have contact with them. Therefore, the Police Officer will look at all statements with a bias that every thing that you do or say, is a clue of intoxication. Often they report that the person had a hard time getting their identification out. Therefore, you should always have your driver's license out and ready to hand to the Officer immediately. You should be cooperative, by doing what you are told. You have a legal right to decline the invitation to do field sobriety tests, which often times are only done by the Officer to collect evidence against you. However, note that your decision to not do those tests may be used against you in a probable cause determination. Many times the tests or results may be nullified due to a failure to properly follow the NHTSA (National Traffic Safety Administration Guidelines for Standardized Field Sobriety Tests), therefore, you should not be afraid to do the tests. However, I believe that you should familiarize yourself with these tests by doing some research on what is expected. There are three proscribed tests, and those are the only tests that you should agree to do. They are the Nine Step Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus. You should never decline to take the primary chemical test requested by the Officer, if you are arrested. You should always request a second test that the Police have to provide to you at no expense to you. This may be instrumental in establishing the alcohol absorption phase of your blood alcohol concentration, and become the basis for your defense. You must also be consistent in your answers concerning how much  you had to drink, and the variety of drink, if you are asked and choose to answer. Never, Never, Never be argumentative with the Officer, Hospital Staff, or Jail Staff. If you are doing a blood test ask the Nurse or persons doing the blood draw for the written policy in the Hospital for evidentiary blood draws, and ask the person to verify that the kit contains the items are not expired. Note the specific method in which the area is cleansed and where the solution comes from for the cleansing. Above all the best advice is to never drink and drive. It is best to have a designated driver. Even if you are innocent it will be required for you to fight the arrest. It is best to avoid that problem in the first place. If you do get arrested call me immediately.
Arena Law Offices, LLC Phone: 414.645.6100 1110 N Old World 3rd St, Suite 210, Milwaukee, WI Fax: 414.645.3500 E-Mail: Andrew@ArenaLawOffices.com
PRACTICE AREAS ABOUT US HOMEPAGE CONTACT US TESTIMONIALS MEDIA Call Now 414.645.6100 24/7
Question: What should I do if I get pulled over and the Police Officer Suspects that I have been drinking, and should I do the evidentiary test of my breath or blood test. Answer: This can be a very complicated situation and requires serious thought before taking any actions. I believe that most Police Officer's have decided to arrest the driver before they even have contact with them. Therefore, the Police Officer will look at all statements with a bias that every thing that you do or say, is a clue of intoxication. Often they report that the person had a hard time getting their identification out. Therefore, you should always have your driver's license out and ready to hand to the Officer immediately. You should be cooperative, by doing what you are told. You have a legal right to decline the invitation to do field sobriety tests, which often times are only done by the Officer to collect evidence against you. However, note that your decision to not do those tests may be used against you in a probable cause determination. Many times the tests or results may be nullified due to a failure to properly follow the NHTSA (National Traffic Safety Administration Guidelines for Standardized Field Sobriety Tests), therefore, you should not be afraid to do the tests. However, I believe that you should familiarize yourself with these tests by doing some research on what is expected. There are three proscribed tests, and those are the only tests that you should agree to do. They are the Nine Step Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus. You should never decline to take the primary chemical test requested by the Officer, if you are arrested. You should always request a second test that the Police have to provide to you at no expense to you. This may be instrumental in establishing the alcohol absorption phase of your blood alcohol concentration, and become the basis for your defense. You must also be consistent in your answers concerning how much you had to drink, and the variety of drink, if you are asked and choose to answer. Never, Never, Never be argumentative with the Officer,Hospital Staff, or Jail Staff. If you are doing a blood test ask the Nurse or persons doing the blood draw for the written policy in the Hospital for evidentiary blood draws, and ask the person to verify that the kit contains the items are not expired. Note the specific method in which the area is cleansed and where the solution comes from for the cleansing. Above all the best advice is to never drink and drive. It is best to have a designated driver. Even if you are innocent it will be required for you to fight the arrest. It is best to avoid that problem in the first place. If you do get arrested call me immediately.
Arena Law Offices, LLC Phone: 414.645.6100 1110 N Old World 3rd St, Suite 210, Milwaukee, WI Fax: 414.645.3500 E-Mail: Andrew@ArenaLawOffices.com